Super Lawyer

Category: Interviews

  • “The legal profession is not just about earning big money but making citizens aware of their legal rights and protecting them from being exploited,” – Shipra Ghose, Advocate-On-Record at the Supreme Court of India

    “The legal profession is not just about earning big money but making citizens aware of their legal rights and protecting them from being exploited,” – Shipra Ghose, Advocate-On-Record at the Supreme Court of India

    This interview has been published by Namrata Singh and The SuperLawyer Team

    You have a distinguished career as an Advocate-on-Record at the Supreme Court of India. Could you share with us how you began your journey in law?  And your father, Late Sankar Ghose, was a Senior Advocate at the Supreme Court of India. How did his career influence your decision to enter the legal field, and what lessons did you learn from him?    

    I was always  interested in studying law coming  from a family of lawyers. I graduated in Political. Science (Hons ) from Delhi University  wherein I studied  the Indian Constitution, international relations and other allied subjects and in my third year I had participated in model Parliament organized by the Delhi University and all  these  factors  reinforced my desire to pursue a 3 year LLB course from the  Faculty of law,  Delhi   University  (1988 -1991  batch). Thereafter  I  had wanted to pursue LLM in international law, as my first love was to pursue a  career   in  academia   and  research   however   the   same   didn’t  materialize  and   my   father  motivated  me  to  join  the  legal    profession  as  a  practicing  lawyer. He  felt  that  I  had  good communication  skills. He  also  emphasized  there  was  ample  scope  for  research while  studying   a question  of  law in  a case, the  lawyers needs  to  have clear  understanding  of  law, conduct   legal   research   to  support   the  client’s  case  and stay  updated  with  recent  judgements, laws  and  give  his  client  the  most  appropriate  advice  in  a particular  situation.  

    After  I graduated  in  Law   for  a year  I  worked  with  M/s  Khaitan  &  Company,  Delhi  appearing  in their Delhi High   Court  matters  ( mostly  of  Civil  nature)  and also also  drafting  related documents  and  also conducted a  few admission/denials. My father always  insisted  before  one finally  steps   into  the  Apex  Court  work  one must  learn  the   original   side  work  and  conduct  trials and  master  the  Code  of Civil  Procedure .   

    I  joined  the  legal  profession  in September 1991  and I  passed  the  Advocate  on  Record   Examination  in 1997 in  the  first attempt. My father  was  suffering  from  Prostate  cancer from the year 1996  and I lost him in  February 1998.      

    I  had  an  opportunity  many  a times to  work   with  my  father  while  attending   his  chamber ,  I  researched  on  various   questions  of  law  and  I also drafted   notes  of  Arguments and I learnt from him how to improve upon  them and make them more precise. This  itself was a great learning experience.         

    You have been on the panel of the Supreme Court Legal Services Committee, often dealing with criminal and matrimonial matters, and have served as Amicus Curiae. How do these roles contribute to the legal system, and what impact do you believe your work has on the lives of individuals seeking justice? Additionally, what drives your commitment to pro bono work, and how do you choose the cases you take on?

    I  being  a Panel Counsel  of  the  Supreme  Court   Legal  Services Committee  ( SCLSC)  and Amicus  Curiae   get  an  opportunity  to provide  legal   services  to  the  less  fortunate people in the society  this stems   from   my  belief   nobody   should   be  deprived  to  represent  himself  or  herself  through  a  lawyer  irrespective  of   his  or  her social  status  and  justice  is accessible  to  all. I also  feel  by  doing  pro bono  work  I  am   able  to  give  back  to  society. The  legal  profession  is  not  just  about  earning  big money  but  I  think  we  lawyers  have  a duty  to   make  citizens,  the less  fortunate ones  aware  of  their  legal  rights  and  also  protect  them  from   being  exploited .

    I  have  dealt  with  many criminal  matters being  in  the  above two  panels, in  one  of  my  cases the appellant had already undergone more than 21 years incarceration and I  had  prayed he should be released on sympathetical considerations. The  Apex  Court  observed  since  the appellant has undergone such a long period in custody, he may apply for remission as per the policy of the Government  in vogue and  further directed that even in case, the appellant was not  able to make any application for remission, the State was obliged to consider this aspect in accordance with the policy of the State.  The  Apex   Court  dismissed  the  Appeal  with  the  above  observations(Criminal Appeal No(s). 1681/2013 PANKA VIZ PANKU(s) VERSUS THE STATE OF CHHATTISGARH   decided  on   08. 05.2024). I  feel  the  above  observations  would be  a great  help  to  the  accused. In certain  criminal matters  

    I  also had   an opportunity  to work  on   matrimonial  matters  and  civil  matters  bring  on  the  panel  of  SCLSC  panel ,I  had  an  opportunity  to draft  many  transfer  petitions  for  wifes  and  got  their   matrimonial matters  transferred from one state to another ,these days in some cases the wives are working and well paced , it was not easy to get their matter transferred but one has to convince the Court that the wife is facing genuine difficulties only then one succeeds in getting a transfer.

    I  have  represented  a few  clients   before  the  Supreme  Court  Mediation Cell   where  some  cases  involving   matrimonial   disputes, and  other civil   disputes  were  referred  to  Mediation  Cell  by  the Judges  of Apex  Court wherein  we  the  lawyers  from  both  sides  had an opportunity  to  make  the   parties sit   under  one  platform  under  the  guidance  of  mediators  and  impressed  upon  them that   where  a child  was  involved  in   the  well  being  of  their  child  they  should  live together, were we  failed  to convince  the  parties  to  live together, the  mediator‘s  impressed  upon them that   instead of  filing  contentious  cases  against  each  other  they  should   resolves  all  their  disputes  and  part  amicably. In  some  cases the  meditators  was  able   to  prevent custody  battles  amongst  parents  and  worked   out   a  shared custody  of  the  child  and sharing  of  expenses  for  the  child,  in  some  cases  where the  wife was   not working,  the meditators worked out  a  lump sum  alimony  for  the  wife  and child  and  visitation  rights for  the   father of  the  child. I  feel we  lawyers  should  always give  the  correct  and  appropriate   advice to  our  clients  and  if  there  is  a possibility of  out  of  court  settlement  we  should  encourage  the  same  as  that  it  would  be  beneficial  for  the  client, our  legal  system, save  costs and   not  unnecessarily  prolong  litigation.

    What do you consider the most important qualities and skills that a successful lawyer should possess today? What advice would you give to the new generation of lawyers to help them excel in the field of law? Are there any specific skills or strategies you believe are essential for success in today’s legal landscape?

    To be  a  successful lawyer one  must possess excellent communication skills, analytical  skills, argue with persuasiveness before the Court of Law,  which  can be learned and developed by appearing  in  various  cases  and  watching   and  observing   seniors  argue cases. A lawyer  should  not always take the paths of the precedents  but  should be creative and possess the ability to think out of the box  to   reach  the   best  possible solution.

    I  feel a newcomer  after law school  if   he opts for  litigation, he  should  either join a lawyer with 10-15 years of experience who has a lot of work, or with a government lawyer, or litigation law  firm. I  also  advice   law   students during  their  five  year  law  course  to  do varied internships  like  work  with  a NGO, work  with   a  litigation  law  firm or  corporate  law  field  (whichever  field  they  wish  to choose)  and  make  informed  career  choices. 

    In today’s time  Lawyers have to stay updated with all  legal developments, changes in law and  be techno savvy.

    Given your broad experience across different legal areas, how do you incorporate interdisciplinary approaches in your cases, especially in complex matters that intersect with economics, sociology, or technology? And how do you manage to stay updated and proficient in such diverse fields of law?

    My broad expertise developed through years of studying and practicing law across different domains. I  was   also   an empanelled  ‘B’ counsel of Union of India, Supreme Court from 30.9.2009 to 29.9.2014  wherein  I  had  the  opportunity  to   draft, appear  and  brief   law  officers  and  Senior Counsel  in  matters relating to direct and indirect taxation, Land Acquisition matters, Defence matters/ Military matters, Service matters, Matters relating to Railway, Trade Mark n  Matters, Arbitration matters.

    I  am  also  in the panel of PSU’s, wherein  I had an  opportunity   to  work on cases involving disputes arising out of     Construction Contracts  and therein we  took  assistance  of  engineers  to  understand  the  technicalities of  the   Construction   Contracts . These disputes were often  referred  to  Arbitral   Tribunal.The composition of an arbitral tribunal may involve each of the claimant(s) and the respondent(s) appointing one member each while the two so appointed, nominate the presiding arbitrator. In such a situation, government agencies could consider nominating a technical member on the arbitral tribunal so that the tribunal is not required to seek external expert assistance on matters of technicalities     

    I find the diversity of legal issues fascinating. The intersection of law with other disciplines such as economics, sociology, business, finance, technology etc., are   becoming increasingly  dominant. We   lawyers have  to possess interdisciplinary skills  and  must   sometimes   work   as   a team  of  varied  professionals depending  on  the  nature  of  legal  work   to  provide the best  possible  solution  to  complex legal issues.

    Balancing a demanding career and personal life can be challenging. How do you manage to maintain this balance, and what hobbies or interests do you pursue to unwind?  

    I think  it  is  very  important  to  balance  professional and  personal  life, after  becoming  an  advocate  on  Record  I  embarked  upon  my Independent  Practice, it was initially very challenging to ensure inflow of  regular work  to my office, to continuously follow up  payments and ensure all establishment costs are made.

    However having a home office had its own advantages as  I  had  a growing   daughter, it  was  easier  to  manage  home, work  and  spend  quality  time  with  her. Since  the year 2019 I  have a chamber in the  Supreme  Court, now   my  daughter is  now a working  professional, I can afford  to  spend  more  time  in  my  Supreme  Court  Chambers.

    I  don’t  get  much  time  to  pursue  my  hobbies  but  I am fond  of traveling, photography,  and listening  to  good  music .

    With the increasing integration of technology in the legal field, such as virtual courtrooms and AI-driven legal research, how do you see technology reshaping the practice of law?

    Technology  is  a boon, every  lawyer  needs  to  embrace technology  in today’s era  and  as  the  same helps  in enhancing efficiency  of  lawyers.  Legal Tech provides lawyers with instant access to vast databases of legal information and facilitates faster and  enables lawyers to find relevant precedents, analyze legal issues, and develop stronger arguments. 

    When this COVID pandemic arrived, the Indian courts adopted this new system of  digitalization. Virtual  hearings were  introduced which  have multifarious  advantages  The  above  system  has  introduced  e filing. Physical hearings continue side  by side. Lawyers and parties spread across  different states, and even countries, can file cases and argue their case from the comfort of their home.  Many  Courts  in  India launched a digital platform to ensure that all its orders are available online with digital signatures free of cost for the lawyers and litigants. This provides the dual benefits of cost and time saving. We hope  the  digitalization  of  Courts  in India  will  help to clear  the  backlog of cases.

    As someone who has worked under distinguished legal minds like Late Dipankar Gupta and in firms like Orr, Dignam and Co., how important do you think mentorship is in the legal profession? Also could you please share how these work experiences helped you in nurturing your legal knowledge and expertise?

    My mentors and  seniors  have not merely made  an impact on my approach to practicing law, they have all  shaped  me  into the lawyer and the person I am today. My father  Late   Sankar  Ghose  Senior  Advocate was my first  mentor  who imbibed in me the love for litigation and court craft. I  worked  in the office of  Mr. Late  Dipankar Gupta Senior Advocate  when he  was  the  Solicitor General  of  India  for  a year. I learnt  to work on  Government  Briefs. I learnt how a person of his stature prepares for matters, deals with the pressure, the adulation and the criticism, and keeps the dignity of the Court and the need of the matter at the forefront.

    I had an opportunity to work with the law  firm, ”Orr  Dignam  &  Company  (Solicitors and Advocates  law  firm“ from the year 1995 to 1997 when Rahul Dave, Advocate on Record had taken over the Delhi office  it was a growing  law firm  with  three partners and six associates. I got better opportunities to learn and work on matters independently as  it  was an upcoming law  firm.  I was  looking  after  their  Supreme Court  matters,  drafting  SLPs, TP.s and Writ  petitions  and  also  argued matters  before  the  Apex  Court and briefed Senior Counsels. I got an opportunity to extensively work on Civil, Taxation, indirect taxation  Arbitration matters contractual and criminal matters. I  also got an opportunity  to appear  in various  other  forums like Consumer courts, Company law Tribunal, Delhi High and also have  drafted matters  to  be filed  in  these  forums. 

    The  partners  in the  firm were  encouraging   towards  each  of  their associates. Since I was  regularly doing their Supreme Court work involving  myself  in the process, right from researching to preparation to  drafting to filing, listing and arguing the matter, all  this  severed  as  a ground  work for preparation  for  my Advocate on  Record  exam. Thereafter, I cleared my Advocate on Record exam in the year 1997 in the first attempt  and  embarked  upon  my independent  practice

    You have been in the legal profession for over three decades. Can you share the ups and downs you experienced while establishing yourself, especially considering the challenges of your times? Additionally, please provide some unique insights on the learning and evolution of the legal landscape from when you started to the present day.  

    My  initial years of practice  was  all  about   learning, seizing  each  and every opportunity that came my way wholeheartedly. I  never  said   no  to  any case  be  it a corporate client  or  a  less fortunate  client  (pro bono  cases ) as  I  felt  no case  is big  or  small,  as  every case  provided  an unique  learning  opportunity and   makes  one grow  immensely. Similarly  I  was  open to  learning  all  branches  of  law  be  it  civil, contractual, taxation,  arbitration,  rent  cases, service, criminal  etc.,  on  whatever  I  got  an  opportunity  to  lay  my  hands  on and consequently I emerged  a  an  general  practitioner which   greatly helped  me in  my  practice  as an Advocate on Record  of  the  Supreme  Court  of  India.         

    One  of  the  biggest  challenges  was   passing my  Advocate  on  Record  Examination in  the  first  attempt  in the  year  1997 while I was working in a law firm and my daughter was only 3 years old. After  becoming  an  Advocate  on  record  I  had  an  inflow of some basic works  like  Transfer Petitions,   Service Matters, Land Acquisition matters, Indirect Taxation , Rent matters, Arbitration matters and Criminal matters.

    I also   managed   to  get  some  work   from   the  lawyers  in  Calcutta  High  Court, even  if  a  drafted  SLP had  come  to my  office  I always  went   through  the  drafting   and   ensured  the  every  matter  which  is  filed  through   my   office  is  drafted  in  a language   appropriate   with  the Court  norms.  I  have also   drafted  many  special  leave   petitions, transfer   petitions  and  writ   Petitions,  argued  many matters  independently  and  briefed  Senior  Counsels  as  and  when  required. Sometimes  I  appeared  and  argued as  an AOR  on  cases  involving  a pure question  of law which  involved  extensive  research . One  such case  of  the Apex Court  being   State  of   West   Bengal  vs   Sarkar   &   Sarkar  being   CIVIL APPEAL NO.5939 OF 2007 decided  on 19th  April  2017 where  I  argued and   got  a verdict  in  favor  of  my  client.

    In  another  public   interest  litigation  which I filed  ‘SAYAN MUKHERJEE vs. THE PRINCIPAL SECRETARY TO HIS EXCELLENCY THE GOVERNOR OF WEST BENGAL Diary No.- 12854 – 2024‘  challenging the inaction on the part of the West Bengal Governor Dr C.V. Ananda Bose in giving assent to the West Bengal Universities (Amendment) Bill 2022, which was passed by the State legislature in June 2022, the  Apex Court on 22nd April  2024  issued notice and  has sought a response from the Principal Secretary to the Governor of West Bengal, the Union as well as the Principal Secretary of the Department of Higher Education in this regard.    

    Along with my AOR practice in the Apex Court I continued my practice in other forums like Delhi High Court, consumer courts, district Courts, Debt recovery Tribunal etc. I never  got  any  clients from  my  father  as  he being  Senior  Advocate, never entertained litigants directly. I also had to  build my law practice from scratch and my journey is  full of high and lows and when I was able to get justice for my client, I was happy but at the same time I learnt from every mistake I made.

    Get in touch with Shipra Ghose–

  • “Growing up in a household where legal discussions were a part of everyday life, I developed a natural inclination towards the field,” – Dr. Sachin Sharma, Managing Partner at KSV TAX CONSULTANTS.

    “Growing up in a household where legal discussions were a part of everyday life, I developed a natural inclination towards the field,” – Dr. Sachin Sharma, Managing Partner at KSV TAX CONSULTANTS.

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Could you please share with us the journey of how you found inspiration to pursue law, followed by your decision to delve into Company Secretaryship, and then continuing your education for Doctor of Laws with a focus on taxation? What motivated these transitions and how do you believe they have contributed to your expertise in the field today?

    My journey into law was inspired by my family’s long-standing legacy in the legal profession. Growing up in a household where legal discussions were a part of everyday life, I developed a natural inclination towards the field. After completing my BA LLB (Hons.) from the University of Rajasthan, I realized the importance of understanding corporate governance, which led me to pursue Company Secretaryship from the Institute of Company Secretaries of India. This qualification provided me with a deep insight into corporate laws and practices, complementing my legal knowledge.

    My interest in taxation, particularly GST, emerged from the evolving economic landscape in India and the significant impact of tax laws on businesses. Pursuing an LL.M in Commercial Law from the University of Bristol and later a Doctor of Laws with a focus on GST from JECRC University, allowed me to specialize in this area. These educational transitions were driven by a desire to build a comprehensive understanding of the legal and corporate world, which I believe has been instrumental in my role as a Managing Partner at KSV TAX CONSULTANTS, enabling me to provide holistic and informed advice to our clients.

    As the Managing Partner at KSV TAX CONSULTANTS, you oversee various aspects of the firm’s operations. Could you share with us some key strategies or initiatives you’ve implemented to foster growth and maintain the firm’s competitive edge in the field of taxation?

    When I took over as Managing Partner, my primary focus was on consolidating and expanding our services. One key strategy was to integrate all our legal services under the KSV banner, which provided a unified identity and streamlined our operations. We also expanded our reach beyond our traditional geographic limits, establishing a presence among international clientele such as Japanese, UK, US, and UAE.

    Collaborating with firms that specialize in areas beyond our core competencies allowed us to offer a comprehensive suite of services to our clients. Additionally, we emphasize continuous learning and pro bono training, especially on GST, to ensure that our team and clients are well-informed and compliant with the latest regulations. Our high success ratio and strong market reputation are testaments to these initiatives.

    As a lead speaker on GST, you’ve had the opportunity to educate and inform many. What do you believe are the most common misconceptions people have about GST, and how do you address them?

    One of the most common misconceptions about GST is that it is overly complex and burdensome for businesses. Many people believe that complying with GST regulations requires excessive paperwork and frequent changes to their accounting systems. To address these concerns, we focus on educating our clients and the public about the long-term benefits of GST, such as one nation one tax, improved tax compliance, elimination of cascading taxes and most importantly eradication of non-compliant players in the market.

    We also conduct training sessions to simplify the GST framework, providing practical examples and hands-on guidance to help businesses transition smoothly. By breaking down the complexities and demonstrating the operational advantages of GST, we aim to dispel myths and build confidence in the system.

    Having appeared multiple times on CNN News 18 for live talks on GST, what do you believe are the most pressing issues or developments in the realm of taxation that the general public should be more aware of?

    One pressing issue in the realm of taxation is the need for greater awareness and understanding of the dynamic nature of tax laws, particularly GST. The general public should be aware of the frequent updates and amendments to tax regulations, which can significantly impact their businesses and personal finances.

    Another critical development is the increasing focus on digital taxation and compliance. As the economy becomes more digitized, understanding the implications of digital transactions and e-commerce on taxation is crucial. I also emphasize the importance of proactive tax planning and compliance to avoid legal complications and penalties. By staying informed and adapting to these changes, individuals and businesses can navigate the tax landscape more effectively.

    Your dissertation on the success of mergers and acquisitions offers a unique perspective. How do you see the legal landscape evolving in facilitating such transactions, particularly in light of global economic shifts?

    The legal landscape for mergers and acquisitions is becoming increasingly complex and dynamic, influenced by global economic shifts and regulatory changes. One significant trend is the emphasis on due diligence and compliance, ensuring that transactions are transparent and meet all legal requirements.

    With globalization, cross-border mergers and acquisitions are becoming more common, necessitating a thorough understanding of international laws and regulations. The rise of technology and digital platforms is also transforming the way these transactions are conducted, making the process more efficient but also more susceptible to cybersecurity risks.

    To facilitate successful mergers and acquisitions, it is crucial for legal professionals to stay updated with global economic trends, regulatory changes, and technological advancements. This proactive approach helps in anticipating challenges and navigating the complexities of such transactions effectively.

    What do you believe are the key factors contributing to the success and recognition of KSV Tax Consultants on a global scale?

    Several key factors have contributed to the success and global recognition of KSV Tax Consultants. Firstly, our long-standing legacy of over seven decades has established a strong foundation of trust and reliability in the market. This legacy has been a cornerstone, providing us with a solid reputation built by my grandfather and father.

    Secondly, my strategic vision in expanding the firm’s services both nationally and internationally has significantly broadened our client base. By extending our reach beyond traditional geographic boundaries and establishing a presence in key international markets, we’ve been able to serve a diverse range of clients. Additionally, our focus on comprehensive service delivery, through strategic partnerships and a 360-degree service model, has set us apart from our competitors. This approach allows us to provide a full spectrum of legal and financial services, tailored to meet the unique needs of each client.

    Furthermore, my emphasis on continuous learning and professional development has ensured that our team stays at the forefront of the latest legal and tax developments. We regularly engage in training sessions and consultancy services, often provided pro bono, to keep ourselves and our clients well-informed. This proactive approach has reinforced our reputation as a knowledgeable and client-centric firm.

    Reflecting on your academic journey, you completed your LL.M at the University of Bristol, known for its excellence in legal education, and subsequently pursued a Doctor of Law at JECRC University. Could you share with us your experiences in both these academic environments, highlighting the insights gained from studying at an international institution like Bristol and how it compared to your experience at an Indian university like JECRC?

    Studying at the University of Bristol was a transformative experience. The international exposure and diverse academic environment broadened my perspective on legal issues, particularly in commercial laws. The emphasis on critical thinking, research, and practical applications of law at Bristol equipped me with advanced skills and knowledge that have been invaluable in my professional career.

    In contrast, my experience at JECRC University provided me with a deep understanding of the Indian legal framework of GST and its comparative study with Canada, Singapore, New Zealand and Malaysia . The focus on taxation law, especially GST, was particularly relevant given the significant tax reforms in India. The combination of these two academic experiences allowed me to integrate global best practices with local insights, enhancing my ability to address complex legal issues in both domestic and international contexts.

    How do you approach mentoring and developing the next generation of tax professionals within your firm?

    Mentoring and developing the next generation of tax professionals is a priority at KSV TAX CONSULTANTS. We adopt a structured approach that includes formal training programs, hands-on experience, and continuous learning opportunities.

    New recruits undergo comprehensive onboarding training to familiarize them with our firm’s practices and the latest developments in taxation laws. We encourage them to participate in ongoing professional development courses and certifications to enhance their expertise.

    Mentorship plays a crucial role in their development. Experienced partners and senior staff provide guidance and support, helping younger professionals navigate complex cases and client interactions. We foster a collaborative environment where knowledge sharing is encouraged, and every team member feels valued and supported.

    Additionally, we also organize conferences, seminars, and workshops. These platforms not only expand our team member’s knowledge but also allow them to network with peers and industry leaders, furthering their professional growth.

    With the demanding nature of your profession, how do you unwind and recharge outside of work? Could you share some of your favorite ways to relax and rejuvenate?

    1. Exploring different Countries and Cultures;
    2. Love to explore upcoming technology and models in automobiles being an automobile freak.
    3. Love to explore luxury hotels for relaxation

    Given your wealth of experience and expertise, what advice or suggestions would you offer to the current generation of aspiring tax professionals and legal scholars navigating the complexities of today’s business and legal landscapes?

    Five mantras, “Dedication, Discipline, Honesty, Hard work and Self-confidence”. If you do your task with full confidence and efforts, you will succeed at first stage or next.

    Get in touch with Dr. Sachin Sharma-

  • “The legal profession requires tireless dedication in the first five years, but it rewards you with identity and success that cannot be easily taken away,” – Nattasha Garg,  Independent Practitioner & Special Counsel for Enforcement Directorate

    “The legal profession requires tireless dedication in the first five years, but it rewards you with identity and success that cannot be easily taken away,” – Nattasha Garg,  Independent Practitioner & Special Counsel for Enforcement Directorate

    This interview has been published by Namrata Singh and The SuperLawyer Team

    How did your journey into law begin? Please walk us through your journey from college to where you are. What were the challenges you faced along the way?  And what inspired you to specialize in disputes and commercial litigation? 

    I hail from a small town, Siliguri in West Bengal and from a business family. While exploring career options after 12th Board exams, I wanted to pursue a career in journalism, given my love for reading and writing. My father however wanted me to study law. He believed in my capability to become a lawyer and nudged me to join ILS Law College, Pune. As luck would have it, I got through the merit list at ILS Pune. 

    In my initial months in Pune, I was quite intimidated while interacting with students from big cities of India and abroad. In fact, almost 60% of my colleagues were from a background of lawyer/ judge families and civil servants. Albeit, right after the first semester results, I started finding my feet, confidence and good friends. 

    Throughout college, I aspired to join the fancy corporate law firms and practice corporate laws. In fact, I participated in most mooting events as a researcher and a compiler to hone my corporate drafting skills. I even joined Khaitan & Partners, Delhi in their Banking and Project Finance Team. I had not thought about becoming a litigator.

    Initial years of practice is all about being open to learning and working on different aspects and subjects of law. I was also open to learning. In fact, when joined as an associate in LakshmiKumaran & Sridharan, I was a common associate for three teams- Corporate and Regulatory Advisory as well as the Litigation Team. I took up every kind of assignment that three partners in the firm were working on. I dawdled between subjects like FEMA, Legal Metrology, Companies Act, SEBI and at the same time assisted the litigation team. Interestingly, my first two litigation assignments were what sparked my interest and love towards litigation. The first matter was an outstation matter before Gujarat Electricity Commission in Ahmedabad where we secured a landmark favourable order and the second one was a heavily contested banking finance litigation before the Delhi High Court. It was while working on the litigation side that I realised that this was where I belonged. 

    As an expert in commercial law, white-collar crimes, and insolvency laws, what trends do you foresee shaping the legal landscape in the coming years?

    In 2016, there was a major overhaul with the introduction of insolvency code, RERA and the commercial courts act and changes in the arbitration act. It was around this time that the ED- money laundering also started becoming active. It is very interesting how these amendments and legislations have completely changed the face and speed of deciding commercial disputes. These changes being relatively new, they have been developing and updating at an astronomical pace. 

    I believe earlier, there were mainly three choices of practice- Criminal, Civil and Corporate Law. Over time, commercial law practice has become a homogenous mix of all of the above, since these legislations include criminal prosecution of directors. Commercial laws, especially insolvency laws have blurred the gap between civil/ criminal since they also entail criminal prosecution and even trial for procedural defaults. For instance, corporates and their management are facing civil and criminal prosecution, money laundering and SFIO proceedings in respect of loan default cases, construction default cases and so on. The same companies are also undergoing insolvency.  The gap therefore has been bridged. 

    Courts are also more accessible to business houses as well as individuals since IBC allows individuals to approach the NCLT for every grievance over their claims, without any pecuniary threshold. Homebuyers for instance are more aware of their rights under law, they have become very powerful in exercising their remedies across forums and manipulating insolvency of big corporates. The High Courts and the Supreme Court have also aggressively promoted these changes, as a result, the Tribunals have become powerful. A lot of jurisprudence is being developed at the Tribunal level. 

    Your educational journey includes both LLB and Company Secretary qualifications. What inspired you to pursue Company Secretaryship alongside your legal career, and how do you believe it has enriched your practice as a lawyer?

    While in college, I aspired to become a corporate lawyer and engage with a fancy law firm. I therefore utilised my time after college to pursue Company Secretaries and certain diplomas in business and cyber laws. Any additional degree, especially something as in-depth as Company Secretaries, always adds up to the otherwise textbook knowledge that is gained in college education. In my case, the fundamentals regarding companies compliances, checklist compliances, basics like examining forms under legal provisions to understand the scope of the provision, really helped me gain better understanding of commercial laws. Eventually, it all added up since it helped me do a lot of FEMA, SEBI and Companies advisory work in the early years of my practice. Even now, while examining the role of companies in money laundering matters, I find it helpful to examine the statutory filings from the MCA and check the relevant forms with the registrar of companies. 

    Beyond your professional achievements, what are some personal interests or hobbies that you’re passionate about? What advice would you give to the current generation looking to pursue a career in law, especially in your specialized areas?

    I love reading books on history, fiction, fantasy and recently added genres- mythological fiction. Lately, I have developed a keen interest in reading the Bhagwad Gita by Devdutt Pattnaik.  I also take time to travel. 

    I believe that the habit of casual reading really helps in loving the profession as well. I always advise my younger colleagues to read newspapers. This one habit- not only helps a lawyer keep updated, but subconsciously keeps the curiosity and hunger that is needed in the profession, going. 

    As opposed to my earlier days, the new generation has it easier on account of law files and entire offices having become digitised, one does not have to carry huge files and journals around, they can read from the comfort of homes, be better prepared because of access to material online. Zoom meetings have made conferences more efficient and less time consuming. With things becoming easier and accessible, the current generation that I have come across, is taking more for granted. 

    I believe that our legal profession requires tireless first five years and intense hard work, long nights and discipline. I would advise freshers to join the profession with this in mind and thereafter, the legal profession rewards with identity and success that cannot be easily taken away. 

    Can you share a memorable moment from your career that reinforced your passion for advocating justice? 

    Recently, the Delhi High Court passed a landmark order, allowing my clients, a group of 250 retired members of the BSF Army, to get possession of their units in a Tower, on as-is-where-is basis from a Company undergoing winding up, instead of them waiting for the liquidator to take steps and then go through the entire payment mechanism under the Companies Act. In doing justice to these set of allottees, the Court exercised its extraordinary jurisdiction in a winding up matter, giving homes to 250 retired persons who had spent most of their life savings for their retirement houses. It has been one of the most fulfilling matters I have done, where not only professionally but personally I have been able to secure justice to ones who deserve.

    I started finding my profession immensely fulfilling when people around me- my domestic staff, their neighbours and my neighbours started reaching out to me for legal aid out of hearsay. I became aware of the power and social responsibility attached and it was deeply satisfying to be able to help them. I strongly believe in the wise words of Justice Ruth Bader Ginsburg- “If you want to be a true professional, do something outside yourself.”

    Your work often involves representing various entities before different courts and tribunals. What key differences do you find while representing different courts and tribunals, and could you share some nuances or insights you’ve gained from navigating these diverse legal arenas?

    Besides the Supreme Court and the High Court, Delhi also is the headquarters for various Tribunals and quasi-judicial bodies. Each of these Tribunals have their own systems in place, filing procedures, and hearings which are peculiar to such Courts.  

    As I have said earlier, a great deal of jurisprudence is being developed in Tribunals because the High Courts and Supreme Courts are rigorously promoting the development of law at this stage and have reduced their interference with orders passed by them. The Tribunals also are focussed on a special kind of law. The preparation for matters before Tribunals is vastly different and much more detailed from the higher courts owing to the uniqueness of process and procedure before each Tribunal.

    Watching the court proceedings, studying the precedents and views taken by the said Tribunal on a subject before approaching them and enquiring from counsels regularly appearing there does go a long way in addressing them better. Over time, it is good to specialise in a few Courts to sharpen the skills and presence in certain courts and Tribunals.  

    Transitioning to independent practice can be a significant milestone in a lawyer’s career. Could you share your experience of practicing independently and shed some light on the challenges one might encounter in this path, along with any key insights you’ve gained along the way?

    As a young lawyer not having any base or family in Delhi, I had never imagined I would get the chance of starting my independent practice and it looked too far-fetched and incredible. The day I took this decision, it was a mixture of uncertainty, turmoil, self- doubt yet some inner voice giving me strength. 

    The first year is often easier, because one has no great expectations with oneself, the struggle begins once you have surpassed your own low expectations- to maintain and to grow.

    Practising independently is a whole new challenge than working in Chambers and law firms. It is a totally uncharted territory whether it is basic day-to-day administration in running the office, or dealing with clients coupled with the uncertainty of a regular monthly income. The same work that one has been doing while working under someone, when done as an independent practitioner, seems like a lot more challenging as the accountability is much more. I have spent days initially, just wondering what fees to quote for a matter. 

    As an independent lawyer, the biggest handicap I face is engaging good juniors to join and retaining them. This is because graduates are always aspiring to join big firms with higher remuneration or some other reason. There is high attrition for that reason. I also believe that clients are much more demanding with independent lawyers in terms of deadlines and bargain hard on payments. 

    Having said this, two things I also credit to the legal fraternity- one that it always gives opportunities to ones who are willing to take on the task and second- I did not face any gender discrimination at least in getting opportunities. By and large, most of the people I have worked with have been extremely encouraging and never fail to put in a good word.

    Among the multitude of cases you’ve handled, could you share with us which one stands out as your personal favourite? One that presented significant challenges yet provided a rewarding experience in your career journey?

    The most memorable dispute which I hold close to my heart was a family dispute arbitration between Ajanta family. I was relatively young and had no experience of arbitration laws and procedure, much less briefing very strict and seasoned senior advocates like Mr. Dushyant Dave, Mr. Gopal Subramaniam and the likes. This matter was a heavily contested litigation, which led me to frequently travel, helped me learn drafting, filing, carrying out a cross examination, handling contempt matters and conducting overall arbitration. The seniors were very patient and kind to me and even the Ld. Arbitrator, Late Justice RC Lahoti appreciated my work and efforts in the Award. 

    Given your extensive experience, what qualities do you look for when hiring interns to join your practice, and how do you nurture their growth and development during their time with you?

    I look for two main things in new joinees- one is their curiosity and passion to learn and explore the legal subject. The second is the effort they are willing to take to quench their curiosity. 

    I have learnt that the legal profession is not just for nerds, it is also for the street-smart. Although I belonged to the former category, I greatly admire smart workers as long as they can get the job done. 

    I always advise my younger colleagues to work with passion, but also have a hobby outside of the office. I also encourage them to have a social network of lawyers, it allows exchange of legal anecdotes, assistance and exchange of information which overall helps in development as a good well informed lawyer. 

    Get in touch with Nattasha Garg-

  • “As soon as we take up an issue or subject to write about or review, we check whether we are adding value or adding to the noise”- Manaswini Mishra, Head Of Corporate Communications, Fox Mandal & Associates

    “As soon as we take up an issue or subject to write about or review, we check whether we are adding value or adding to the noise”- Manaswini Mishra, Head Of Corporate Communications, Fox Mandal & Associates

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Your journey has been quite diverse, spanning law, journalism, and corporate communications. Can you tell us what initially drew you to pursue a law degree at Symbiosis Law School, Pune?

    I’ve always been a voracious reader and a tenacious writer. Early on, I recognized the importance of aligning one’s skills with career goals to truly excel. Both the legal profession and journalism seemed to perfectly match my pursuits. Ultimately, I chose to study law over journalism, drawn by the profound opportunity to enable justice, a cause that deeply resonates with me.

    After obtaining your law degree, what motivated you to transition into the field of journalism, and how did you balance these two distinct career paths?

    I feel there is an innate overlap in both professions. They both involve observing and studying extensively and then distilling all that knowledge into precise words. Although, as a lawyer, you bring your unique perspective to a set of facts, as a journalist, you state facts and help people form a perspective based on the set of facts. Both professions have the same underlying skill, i.e., drafting. 

    So, the transition for me was fairly easy. Once I entered law school, my forte and my passion for writing further solidified. I started working as a journalist part-time in college, which opened my horizons to the world of legal journalism, legal content and legal marketing as lucrative professions. 

    You’ve been recognized for excellence in both journalism and law. How have these two disciplines influenced each other in your professional life?

    I have been passionate about both professions, so I started as a journalist while in law school, transitioned into a lawyer post law school, and then saw an opportunity to integrate both as a legal reporter and started working for a US publishing house. Taking a step beyond legal journalism into legal marketing was natural since the way to success is the continuous pursuit of knowledge. Right now, I am working in the field of law and using my writing skills to bring clarity to legal perplexities, as well as helping the firm that I work with augment its business. 

    As someone who manages content and media outreach at Fox Mandal, what strategies do you employ to ensure that the firm’s thought leadership and brand voice are effectively communicated?

    Over the years, I have realized that adding value with consistency is the key to any initiative. As soon as we take up an issue or subject to write about or review, we check whether we are adding value or adding to the noise. If much is already out there, we try to explore new angles or new forms that the content could take, thus adding value or variety. Similarly, when it comes to the brand voice, we ensure that the value we intend to offer is clearly communicated. Clarity in thoughts and simplicity in words make communication much smoother. Then comes consistency, which embeds trust in the advertised capabilities and transforms average into excellence.  

    Your role involves extensive legal writing and communication. How do you maintain editorial governance to keep the content consistent with the firm’s style and tone?

    As a law firm, it is expected that publication is done with adequate research and analysis. Honoring that responsibility, every draft goes through multiple levels of reviews and revisions. Apart from that, internal training is conducted periodically to ensure that firm members write responsibly with a lot of conviction. Templates and suggestions are regularly shared to maintain consistency. In addition, subjects are approached objectively, keeping all preconceived notions and interpretations aside. 

    In addition to your legal and communications expertise, you run a successful YouTube channel. How did you get started with that, and how do you manage to keep your content engaging for your audience?

    As a first-time mother, there were new things I was learning each day, and I realized that the amount of guidance for new mothers was very limited at that time. The channel was created with the intention of simultaneously disseminating the knowledge I was gaining. Since my intention was never to monetize it or turn it into a career, the channel is only active when I come across something novel that I feel deserves to be out there.  

    You have been a speaker and judge at various legal competitions and events. What has been the most rewarding part of participating in these activities, and how do they contribute to your professional growth?

    These opportunities have been instrumental in my self-learning journey and have significantly catalyzed my professional growth. The insights gained from these deliberations are unparalleled, providing a unique chance to expand my knowledge while contributing to the discourse. Additionally, witnessing the caliber of the next generation of legal professionals is refreshing. They are focused, savvy, and eager to learn, painting an optimistic picture for the future of the profession.

    Given your extensive experience and accomplishments, what advice would you like to offer to fresh graduates who are just starting their careers in law and communications?

    Identify and hone your natural skills. There are multiple options, and it sure brings in more chaos and confusion, but one needs to test the water before identifying one’s calling. Internships are a great way to navigate this clutter. It does not have to be with a premier law firm, it can be with a lawyer in your hometown or part time in the city where you study. But once you land any opportunity, try to question and understand the entire process involved. Don’t just be a cog on the wheel, try to comprehend the role the cog plays in moving the vehicle. Sometimes you may need to expand your area of operation, and this knowledge grants you the elbow room to explore your passion and prowess.  

    The content of this Article does not necessarily reflect the views/position of Fox Mandal & Associates LLP but remain solely those of the authors.

    Get in touch with Manaswini Mishra-

  • “Customs law comprises multiple notifications, regulations, and exceptions which are very dynamic in nature. Reading and only reading has helped me to forego the challenges.” – Pankaj Kumar, Sr. Legal Counsel and Department Head at Maruti Suzuki India Limited

    “Customs law comprises multiple notifications, regulations, and exceptions which are very dynamic in nature. Reading and only reading has helped me to forego the challenges.” – Pankaj Kumar, Sr. Legal Counsel and Department Head at Maruti Suzuki India Limited

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Could you please tell us about your journey from your early days at DAV Jawahar Vidya Mandir to becoming the Sr. Legal Counsel and Department Head at Maruti Suzuki India Limited? What motivated you to pursue a career in law?  Please share your journey from your choosing law as a career to where you have reached today.

    During my school days the priority for almost all the parents was to get their children to pursue engineering. The same mindset used to flow down to the children. I was not an exception to it. After my matriculation, opting for science stream was an obvious choice for me. I took up mathematics but thankfully I could not get much clarity on concepts of physics, chemistry and math which allowed me to look for a career beyond engineering. I used to read newspapers and take interest in societal and government affairs, and hence my inclination was towards journalism. However, one fine day my father informed me that one of his colleagues is getting his ward admitted to law. That clicked with me and after a few days I asked my father to explore the possibility of my admission as well. That suddenly changed my track, and I ended up taking law.

    Once I started college, I was cognizant that it was the second and the last opportunity for me to build my career and there wouldn’t be any third chance. This resulted in a sense of fear as well. I started exploring options available in the legal profession and resultantly started doing internships. I ended up doing 14 internships during my 5 years stint which gave me exposure to a variety of laws ranging from Competition law, FEMA, IP, SEBI regulations, IT laws etc. However, during 2009 recession hit the globe including India and hardly there were available jobs in the market. Fortunately, Bajaj Allianz agreed for campus recruitment from our college, and I too got an opportunity to face the interview. I got selected which relieved me from the stress of getting a job. But the catch was that I was not aware about the job profile and the place of work, but I was excited to join irrespective of what I will be doing. Just a week before the scheduled date of joining, I was informed that I have to join the Raipur office which was a shock but at the same time I was grateful that at least I didn’t have to wait for a job. At Bajaj Allianz I gained excellent exposure to handle litigations, to appear before courts, to draft petitions etc. I learned CPC, Cr.PC, Evidence to which I never had paid attention during my college days. After 2+ years, in order to move to a bigger city, I looked for a change and I switched to ICICI Lombard at New Delhi. However, though insurance was a new subject for me, I exhausted all opportunities to learn insurance laws and at the same time continued reading the laws of my interest which I had developed during my internships. I got an opportunity to work with a law firm as a litigation counsel but due to internal business rearrangement at the firm, I could not continue for long and I ended up going back to insurance and joined HDFC ERGO General insurance as zonal head. Gradually I developed my team over there and handled various matters at all levels of courts spread across north India. Finally, after spending half a decade, I got an opportunity at Maruti Suzuki where initially I handled litigations which were of similar nature. After a while, I was elevated as Department Head at Maruti Suzuki and my then superior and General Counsel gave me the charge of handling matters and advisories relating to Competition law, Metrology, IBC, Customs and other corporate legal issues. My internship exposure and core interest in corporate laws had driven me to accept the challenge and in fact acted as impetus for me to deliver as well.

    As the head of the Dispute Prevention & Advisory team at Maruti Suzuki, what are some of the most complex legal issues you’ve had to address, and how do you prioritize and manage these challenges? 

    There are many complex legal issues that I am currently dealing with. One area which I consider as a challenge is Customs litigation. Customs law comprises multiple notifications, regulations and exceptions which are very dynamic in nature. So no process or approach, which though being followed in an organization for a long time, can be called the right approach since with one small change in law, the entire process/approach may become redundant. The area was new to me but reading and only reading has helped me to forego the challenges. Priority management is a common challenge for everyone. In such situations, it is important to identify what all things will have a greater impact on the management. Accordingly, priorities are to be set. 

    How has your experience in a law firm influenced your approach to legal counsel in the corporate environment?

    I have gained almost 12 months of law firm experience as an intern and almost similar length of experience in working in a law firm. Though the time period is very short as compared to my overall working experience, it has helped me to understand the psychology of the other side. The law firm experience helps me a lot while partnering with law firms in any matter. I believe such experience gives comfort to both clients as well as law firms and the end result that comes out is in the best interest of the organization.

    Having transitioned from the insurance sector, where you worked with companies like Bajaj Allianz, ICICI Lombard, and HDFC ERGO, to now being with Maruti Suzuki in the automobile industry for the past five years, what were the major differences or challenges you faced? How did you adapt your legal strategies to meet the distinct needs of the automobile sector?

    In fact there was a three tier transition. From corporate internships in law firms to the insurance sector and then to automobiles. All the transitions were challenging. However, my learnings at the insurance sector gave me the dimension to understand the litigation and procedural laws which is very important for becoming a general counsel. Though there was a sudden shift in industry, it did not trouble me much. Firstly, because I already had exposure to laws I am dealing with at Maruti and I got to know that if the fundamentals in law are clear, it hardly matters as to which industry you are catering to. A bit of more reading will be sufficient to adjust in a new environment. The major difference I faced while moving from the insurance industry to auto is in terms of length and breadth of applicable laws. In the insurance sector, knowing four to five legislations will be sufficient, however in the auto sector more than 1000 legislation is applicable and if you are in a function of dispute prevention then you have to be ready to deal with any issue which will come to your table. The only strategy that works is to have motivation and a go to team which loves reading law. I am fortunate to have team members with a like minded approach.

    During your internships with prestigious law firms such as Trilegal, J Sagar Associates, and Nishith Desai Associates, how did these experiences shape your career trajectory? Could you share insights into how you secured these internships and what qualities you believe these firms value most in candidates seeking to intern or work with them?

    The internship experiences have contributed a lot to my career. It gave me a horizon to think beyond what is taught in colleges. It gave me the push to keep myself updated on corporate legal affairs which resulted in my developing interest in reading Economic Times since I was in my third year. On securing internships at prestigious law firms, I think my then existing internship and the assignments I had taken up there played a vital role. At law firms like Nishith Desai and Lexygen, I had to face interviews. Since my areas of interests, publication works and assignments undertaken during past internships, as mentioned in my CV, were aligned with the practice area of the law firm, it resulted in my selection. I believe these firms assess your focus area and some evidence in your CV to corroborate with your focus area while selecting the candidate for internship. Error free cover letter/email application and crisp but impactful CV do play a vital role in selection.

    Over the years, how have you seen the legal landscape evolve in areas like Competition law, Insolvency & Bankruptcy, and Legal Metrology? What future trends do you foresee? 

    I believe Competition and Insolvency laws are still in a nascent stage but are evolving fast with time. The recent amendment in Competition law has brought Indian Competition law regime almost at par with global practices. Whereas introduction of Digital Competition Bill shows how India has become futuristic and can lead the world. The stringent provisions as well as recent actions taken by CCI have made the corporates extremely cautious with respect to Competition law compliances. Insolvency law is assisting in revival of struggling corporates however there are various challenges being faced by RPs as well as creditors due to the complex nature of transactions happening in today’s business landscape. There have been frequent amendments and landmark judgments setting right the current law, however I believe that there is a long way to go for a stable legislation on insolvency. Metrology law is somewhat stable with changes being brought in to suit today’s business needs. However, there is a strong need to decriminalize the law completely to prevent the misuse of inspector raj in today’s world.

    Outside of your professional life, what personal interests or hobbies do you pursue, and how do they contribute to your overall well-being and effectiveness in your legal career?

    After office hours there is hardly any time left to think about hobbies. With a small kid at home, it becomes very difficult to pursue my hobbies. Right now, I have made it my hobby to spend maximum time with my kid which also contributes as a stress buster and keeps me rejuvenated which in turn increases my productivity and focus at work.

    What advice would you give to young legal professionals aspiring to reach a senior position in a large organization? What skills and experiences do you believe are crucial for success? 

    It is very important for young legal professionals to first realize that during the initial phase of professional life there is ample time to learn and enhance skills. Learnings can be enhanced by writing articles/blogs/judgment analysis etc. After identification of any particular area of law, one should write on any trendy issue related to that area of law. Such writing requires deep analysis and research which in turn makes the learning forever. One should then focus on perfectionism i.e. flawless writing skills, whether it is email writing, opinion or any drafting. These initial learnings make a big impact at a later stage of the career. One must understand that at a senior position, you will hardly get time to learn and only the knowledge and skills developed during the initial stage of your career will help in the long run.

    Given your extensive experience, are there any innovative approaches or methodologies you’ve adopted in legal practice or dispute resolution that have yielded unexpected successes or efficiencies?

    As an in-house counsel, it is very critical to have legal as well as business acumen. While I am a lawyer, I have to be cognizant that I am also part of an organization and hence have adopted an approach which is a blend of legal as well as business skills. As an in-house counsel, one does not deal with clients but stakeholders. With this approach, you will give comfort to your stakeholders and ultimately fulfill the organization’s objective. My approach is to partner with business for fulfillment of the organization’s broad goal. This approach has yielded a good and healthy work atmosphere and gained the trust of stakeholders. Once your stakeholders look up to you for any solution, it gives immense satisfaction.

    Get in touch with Pankaj Kumar-

  • “I am acutely aware of the need to constantly further one’s learning (especially in our profession), and have worked towards this to pursue my career goals”- Rakshit Sharma, Legal Director at Tata Digital

    “I am acutely aware of the need to constantly further one’s learning (especially in our profession), and have worked towards this to pursue my career goals”- Rakshit Sharma, Legal Director at Tata Digital

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you share a bit about your background and what initially inspired you to pursue a career in law?

    I spent my childhood in two wonderful, yet very diverse, cities – Hyderabad and Delhi. Moving cities and changing schools at a young age provided me with a rich tapestry of experiences and the chance to develop new interests. I discovered a passion for history and quizzing, which fostered an innate curiosity and interest in delving deep into complex issues. My involvement in debates on various geopolitical issues further fuelled this curiosity. These early interests, coupled with a desire to explore and understand intricate societal issues, naturally led me to the field of law, where I believed these interests would be best nurtured and developed.

    What was your experience like at Nalsar University of Law, and how did your time there shape your legal career?

    I am fortunate to call Nalsar as my alma mater, and my time there was incredibly formative and enriching. At Nalsar, I had the privilege of working as a research assistant for Professor Amita Dhanda at the Centre for Disability Studies. Professor Dhanda’s courses (specifically, Law and Poverty) were not only expertly taught but were also personally impactful. These courses instilled in me a strong sense of academic rigour and discipline; qualities that continue to serve me well in my legal career.

    In addition to the academic exposure, my internships with top corporate law firms such as Khaitan & Co and S&R Associates were pivotal experiences. Although the duration of these internships was short, they were invaluable for learning and absorbing practical skills. These stints provided me with the opportunity to engage in a professional environment, understand the workings of high-pressure legal practice, and build essential interpersonal skills. These experiences collectively laid a robust foundation for my career, blending academic excellence with practical insights.

    How did your LL.M. at The University of Chicago Law School influence your perspective on law? 

    The LL.M. program at the University of Chicago Law School was an experience of a lifetime. UChicago attracts the very best of faculty and students, creating an environment rich in intellectual diversity and extraordinary talent. Studying from leading practitioners in diverse areas of law (including Antitrust Law, Constitution Law and several practice-oriented courses) meant that the experience was rigorous, yet immensely intellectually satisfying.

    The Law School also promotes multidisciplinary education in the truest sense, and I had the opportunity to cross-register for courses with other departments outside the Law School. I pursued my passion for History with the South Asian Languages & Civilizations Department, and took Professor Martha Nussbaum’s course on “Opera as Idea & Philosophy”. It was fascinating to learn from, and submit a paper for evaluation to a person whose work was an integral part of the courses I had studied in Nalsar.

    These diverse academic pursuits, combined with the rigorous legal training at UChicago, significantly broadened my perspective and equipped me with a well-rounded approach to addressing legal challenges.

    You recently completed the Tata-Blue Mint Leadership Program. How has this program impacted your role at Tata Digital?

    The Blue Mint Leadership Program, which I completed a few months ago, was a transformative six-month experience. Selected for the program, I had the privilege of attending classes taught by esteemed faculty from the London Business School. As the sole lawyer in the program, I gained invaluable insights on understanding business through modules such as digital transformation, sustainability, inclusion and finance for non-finance professionals. This was broadened by business acumen and underscored the importance of cross-functional collaboration; a key takeaway being that working in diverse, multidisciplinary teams can drive greater impact within organisations.

    The exposure provided by the Blue Mint Program has significantly contributed to my professional growth and leadership development. These enhanced capabilities have been a tremendous value-add at this stage of my career, enabling me to contribute more effectively to my organisation’s strategic initiatives and cross-functional projects.

    Your career spans prestigious positions from Khaitan & Co to IndiGo Airlines, and now Tata Digital. Can you walk us through some of the pivotal moments that defined your career path?

    I am acutely aware of the need to constantly further one’s learning (especially in our profession), and have worked towards this to pursue my career goals. Among the pivotal moments that have defined my career path, there are three that I would say were pivotal moments for me: 

    First, choosing to work with the competition law team at Khaitan & Co, gave me exposure to complex transactions under the mentorship of an excellent team leader. At the time, competition law was a nascent practice area in India, which made it that much more exciting to be so deeply involved in the creation of precedent. My penchant for research helped in this practice area, given the need to look for precedent from jurisdictions that have been around much longer.

    Second, pursuing the rigorous LL.M program at the prestigious University of Chicago Law School (on partial scholarship) after working with a law firm for 5 years,  fundamentally changed my outlook and reinforced my dedication to intellectual growth.

    Third, on a personal note, the decision to move cities, start a new role, and welcome the birth of my daughter – all within a single week during January 2022 – taught me invaluable lessons in resilience and maintaining a positive outlook amidst rapid change.

    These pivotal moments collectively define my career path and continue to drive my professional and personal development.

    What advice would you give to fresh law graduates who are just starting their careers in the legal field?

    As Roger Federer has said in his recent commencement address at Dartmouth – resilience, grit (over talent), and learning from failure are pivotal. Words of wisdom which, in my opinion, hold true not just for fresh law graduates, but for all of us!

    Get in touch with Rakshit Sharma-

  • “Legal tech can eliminate the mundane routine tasks and save the time of the lawyers in focusing on the core legal areas.” – Sridevi Sidharthan, Principal Associate at M&CO Legal, Dubai

    “Legal tech can eliminate the mundane routine tasks and save the time of the lawyers in focusing on the core legal areas.” – Sridevi Sidharthan, Principal Associate at M&CO Legal, Dubai

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Could you share the pivotal moments and personal motivations that inspired your journey into the field of law, and how did you navigate the initial challenges and struggles as you embarked on your career?  

    My father is an advocate on record practicing in the Supreme court of India. So, most people naturally assume that is the reason why I chose law. While my father is my personal motivation however, there is quite a bit of story behind why I chose law as my career. I was in grade 5 in school when I first visited the Supreme Court with my dad during my winter vacation. The Court was also closed and there were very few visiting lawyers in the court premises. I was in the cafeteria, when a couple of lawyers approached me and my dad, probably they were curious about seeing a 10-year-old kid in the court premises. They started having a conversion and asked the cliché question, what I want to become in the future. I recollect mentioning wanting to become a scientist and they suddenly asked me, “Why don’t you become a judge”. I said okay and they said, “ promise us that one day you will become a judge of the supreme court”. The young me just went with the flow and promised them. But from that day onwards, I was clear that I wanted to pursue my career in the legal field. Even though later, I decided to take a different path and steer towards corporate practice. Nonetheless, I don’t regret the decision till date.

    I guess, the fact that I was determined to be a lawyer and that I wanted to become a corporate lawyer has made it easier for me to focus; the academic faculty at my university, notably Dr. Mamta Biswal, also helped me crystallize my decision to become a corporate lawyer. Our Commerce professor, Mr. Satya Ranjan Mishra encouraged me to pursue the Company Secretary course during my LLB, which helped me in gaining extra learning experience in the subject. While at university, acquiring an internship opportunity was quite stressful and I ended up getting rejected twice by Amarchand for the internship. However, perseverance and proper guidance from my seniors in the University helped me land a job with Shardul Amarchand Mangaldas & Co. (Erstwhile Amarchand Mangaldas Suresh Shroff & Co.)  during the campus placement.

    Given your diverse experience in both India and the UAE, how do you navigate the legal nuances and cultural differences in your practice, and how do you stay updated with the latest legal developments and industry trends to integrate these insights into your work?  

    I am indeed grateful to have worked in such diverse legal landscapes.  In India, working with Shardul Amarchand Mangaldas under the leadership of Mr. Inder Mohan Singh was a great learning experience. I remember when I joined the firm in 2013, the new companies’ law had just been enforced and our team was primarily working on dissecting the law, making submissions on the lacunas and shortfalls to the ministry as well as other organizations like FICCI. I am really thankful to my mentors, Mr. Aayush Kapoor and Mr. Harish Kumar, who moulded me as a lawyer and became a role model for me. In UAE, I work with M&Co Legal, which is a DIFC-registered law firm run by Emirati lawyers. The legal landscape of both India and UAE is completely different, as you may know, UAE is primarily a civil law country and has two common law jurisdictions in free zones (Dubai International Financial Center and Abu Dhabi Global Market). The transition from India to unlearn and learn civil laws in UAE was challenging in the beginning, especially, trying to understand the legal systems in place.  However, the partners and the colleagues at M&Co. Legal were quite helpful during this transition phase, and additionally, the training that I had received at Shardul Amarchand Mangaldas, also helped me to quickly complete the learning phase. Since I am working at a local law firm with a very niche clientele, it naturally assisted me in my understanding of not only the local culture, but also provided exposure in interacting with as well as dealing with clients and peers from different nationalities. The peculiarity of working in UAE (or rather interesting part) is that you get to work under both Civil and Common law jurisdiction, and I have thoroughly enjoyed maneuvering through both these jurisdictions simultaneously.  Both India and UAE have fast-changing economic and legal terrain, and I continue to keep myself abreast with the changing legal dynamics, as this is pertinent to provide plausible legal solutions to the client. I normally do that by following media (through news and professional social media platforms), from newsletters released by legal knowledge platforms, and keep a look-out for any important changes by setting a Google alert on the pertinent topics.

    Your profile mentions your involvement in drafting insider trading codes and handling related investigations. What insights have you gained from such regulatory experiences, and how do they inform your approach to compliance?

    During my tenure in India, drafting insider trading codes and especially handling related-investigations from regulatory authorities in India like SEBI was an interesting opportunity. The experience from dealing with insider trading investigations gave an insight to the regulators point-of-view as well as stance on the points and identify the key areas of focus. This experience in turn guided me while drafting such insider trading codes for the listed entities to ensure the key focus areas, and to effectively deal with the challenges as well as provide proper guidance on these matters to the client. Such matters are extremely delicate and there is a fine-line when it comes to becoming non-compliant, hence, it was important to lay down a proper strategy to ensure effective mechanism to deal with the price-sensitive information with the top management and employees of the organization.

    It is also interesting to mention that in UAE, as well, I have dealt with various investigations issued by the Ministry of Economy related to the breach of DNFBP (Designated Non-Financial Business or Profession) obligations and breach of licensing conditions raised by Abu Dhabi Financial Services Regulatory Authority. All these experiences with the regulators teach you to think from a different angle while approaching a matter, and helps you to visualize everything from a macroscopic level as well as gives you guidance to navigate through the regulatory requirements.

    With your expertise in employment laws, what advice would you offer to companies navigating labor-related challenges, especially in cross-border transactions?  

    During my practice in India, employment used to be one of the crucial areas of concern during the M&A deals, and the matter considering the impact on the livelihood of people had to be dealt with caution and delicately. UAE is a labour friendly country and the employment laws strike a balance between the Employers requirements and Employees rights. I would personally like to advise the companies in UAE to specifically be aware of the local employment laws and to understand that the common law free zones (ADGM & DIFC) have a separate employment law. It is important that the terms of employment are carefully drafted to ensure compliance with the local laws. I would specifically recommend the corporates to have an employee handbook to note down the various employment policies while dealing with matters such as disciplinary actions, internal grievance redressal, employee policies tailor-made to the specific industry and educate the employees about these policies.

    In relation to cross-border transactions, the areas of transfer of employees and secondment needs to be tackled carefully. Employees in international companies with offices in UAE are normally subjected to the group policies wherever applicable, however, it is to be noted that notwithstanding the group policies and benefits available to the employee, such that an employee in UAE will be receiving the necessary benefits and protection mandated by the local laws. Hence, it is important to reconcile these policies to include the local labour laws and the emoluments accordingly.

    In your opinion, how can the legal profession leverage technology and innovation to enhance efficiency and client service while maintaining confidentiality and security?  

    The advent of digital technologies is positively impacting the legal profession as well. At the moment, I don’t believe that AI can take over a lawyer’s job, however, I firmly agree that it can increase the efficiency in doing the job. Legal tech can eliminate the mundane routine tasks and save the time of the lawyers in focusing on the core legal areas. This will in turn ensure faster delivery of tasks and ensure economic efficiency for the clients by reducing the additional billable hours payable by them. Another area where legal tech can help lawyers is in data entry and research. Even though legal tech ensures efficiency, lawyers have to be responsible enough not to use free and public AI platforms to provide inputs on confidential information. It is always key to ensure that only secured legal tech platforms are used to avoid data leakage and breach.

    What motivated you to move your career to Dubai, and how has this transition influenced your professional growth and perspective on corporate law?  

    My career-move to Dubai was purely due to personal reasons and was not a calculated move from my end. However, I am thankful that it happened as UAE was truly resilient to the challenges during the covid times, and post-covid, the country has seen an economic upward trend. UAE is now increasingly becoming the hub not only for all the international businesses but also for the high-net-worth individuals from various parts of the world. Obviously with the increase in business activities in the country, the legal requirements also follow. Being in UAE and working with M&Co Legal has provided a vast exposure to me to develop my personal and professional growth. Being part of a small yet niche corporate team has expanded my horizon in practicing various aspects of the corporate laws and in various industries. This has helped me understand the business and regulatory requirements for various sectors such as F&B Industry, real estate among others.

    As a legal influencer recognized by Lexology, what advice would you offer to aspiring lawyers seeking to establish their presence in the legal community? 

    I would advice aspiring lawyers to carefully understand the law. “ The devil lies in the detail” is especially true in our legal profession. I understand that nowadays everything is available on AI and legal tech platforms, however, it is important not to blindly rely on it for research without reading the underlying law itself. While I am not against using AI, it is important to use these platforms as a reference and not base the entire work on it without using your own analytical skills. You leave a mark in the legal profession and on your client by using your analytical as well as problem-solving skills.

    The acquisition of Al Huraiz Packaging Industry LLC by Hotpack Packaging Industries LLC was a significant deal. What were the most complex aspects of this transaction, and how did you navigate them?  

    We represented the Seller, AL Huraiz Packaging Industry, which is a local Emirati Company involved in manufacturing packaging materials. The deal was a 100% shareholding acquisition by the major packaging company, Hotpack Packaging Industries LLC.  The transaction, considering 100% shareholder takeover included transferring the factory unit and other equipment to the new shareholder. Additionally, there was debt restructuring as part of the transaction; the aspect of regulatory approval and debt restructuring was the challenging part of the deal. However, the negotiations based on good-faith between the parties and legal representatives assisted in finding the appropriate resolution for the concerns.

    When advising on mergers and acquisitions, what key factors do you consider to ensure the transaction is legally sound and beneficial for your clients? 

    Fact-finding by way of due diligence (either legal or financial due diligence) is the most important part of ensuring whether the deal is legally plausible. Additionally,  it is commonly believed that the lawyers should not interfere with the commercial aspect of the transaction. However, I would opine otherwise; since commercial considerations have major legal impact, it is crucial that lawyers carefully review the commercial understanding and advice the client as well as provide any alternative solution for the client.

    Outside of your professional work, what hobbies or personal interests do you pursue, and how do they influence your approach to your legal practice?  

    I love travelling! I know it’s a cliché statement, but I consider myself a “traveller instead of tourist” while exploring a new place. My research skills are utilized prior to and while travelling, especially planning the travel. I plan the itinerary down to every intricate detail. I ensure I understand the local culture, interact with local people, and try out the local cuisine. I use travelling not only to unwind from my daily routine, but also the things I learn my travel helps me understand different people, including my clients and peers. I truly believe that to become a successful corporate lawyer and leader to your team, you not only need technical expertise but also need to have interpersonal as well as people-management skills.

    Get in touch with Sridevi Sidharthan–

  • “I find the diversity of legal issues fascinating, but the complexity of securities laws and arbitration tends to be both challenging and rewarding as they require a deep understanding of regulations, market dynamics, and dispute resolution strategies”- Pratap Venugopal, Senior Advocate at the Supreme Court of India

    “I find the diversity of legal issues fascinating, but the complexity of securities laws and arbitration tends to be both challenging and rewarding as they require a deep understanding of regulations, market dynamics, and dispute resolution strategies”- Pratap Venugopal, Senior Advocate at the Supreme Court of India

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Your parents had distinguished careers, with your father being a banker and your mother an esteemed lecturer and poet. How did their careers and your early life in Madras and Bangalore influence your path to law?

    Having a banker father and a lecturer and poet mother created a unique blend of influences that led me on a path to law. From my father I learnt the importance of strategic thinking and perhaps an understanding of dealing with clients. It is on account of my mother that I developed a love for language and reading, as also appreciation for the power of words, all of which are valuable assets in the legal profession.The ability to communicate effectively, analyse complex texts and craft persuasive arguments are all essential skills for a lawyer. Additionally, growing up in a household with diverse interests and perspectives helped foster a well rounded approach to problem solving and decision making, which are also invaluable traits in the legal field. Overall, the combination of influences from both parents provided a solid foundation for pursuing a career in law.

    You had a diverse educational background, studying at various institutions across India. Can you share some pivotal moments from your time at Don Bosco Boys’ High School and Bishop Cotton Boys’ High School that shaped your future career?

    Both Don Bosco Boys’  High School and Bishop Cottons Boys’ High School  laid emphasis on the development of the whole person, integrating intellectual, physical, social, and spiritual dimensions, and the importance of values like kindness, respect, honesty, and responsibility. They also fostered traits such as integrity, perseverance, and leadership through various activities and mentoring, encouraging a spirit of service and compassion towards others, especially those in need.     

    After obtaining a BSc. in Microbiology, you pursued an LLB degree from Kerala University. What motivated this shift from science to law, and how did your scientific background benefit your legal studies and career?

    Yes, transitioning from Microbiology to law is quite a departure.  My uncle Prof. Krishnan Nair, who had been the Principal of several Government Law Colleges in Kerala and after retirement Principal of the Kerala Law Academy Law College at Thiruvanathapuram was instrumental in persuading me to take up law. He also presented me with copies of  the many law books authored by him and reading through them, also  got me interested. I think a science background promotes meticulous attention to detail and critical thinking and analytical skills, which are crucial in legal reasoning. 

    During your final year of LLB, you interned with Mr. K.K. Ayyappan Pillai, a renowned Tax Advocate. How did this internship shape your early career, and what were some key lessons you learned from Mr. Pillai?

    Tax laws is a complex and specialised field. Mr K.K. Ayyappan Pillai, a renowned Tax advocate at Thiruvananthapuram proved to be a valuable mentor, being a stickler for minute details, with exceptional researching skills, an uncanny ability to immediately spot errors ,a  staunch believer in “hands on training” and “thinking on your feet”. I remember while training under him, on one occasion he made me accompany a client and  appear before an ITO on a question of Agricultural Income Tax. The ITO placed before me  a document which was in Malayalam and asked me to read a portion of it. Not being able to read Malayalam I shot back – “I have read it, why don’t you do so?” The ITO then read out the relevant portion and I was able to make my submissions ! The client was overjoyed with the result that he treated all of us in Mr. Pillai’s chambers to cake and tea! Mr Pillai instilled in me a strong sense of professional skills emphasising the importance of integrity, confidentiality and ethical standards.

    John & Co. was a significant milestone. Can you describe the challenges and triumphs you faced in the early years of establishing the firm?

    I took over as Managing Partner of the law firm K.J.John & Co.  when Mr K.J.John, a very respected and well known Advocate on Record of the Supreme Court decided to retire in 2001. Establishing a law firm comes with its share of challenges and triumphs, especially in the early years. Establishing credibility and a strong reputation in the legal community takes time and effort. Clients often prefer experienced firms, so proving competence early on can be challenging. Further, a law firm requires significant initial investment in office space, and personnel and managing cash flow and ensuring steady revenue in the early stages is critical. Balancing client work, administrative tasks, and development efforts can be overwhelming, especially with limited resources and personnel. However, triumphs include acquiring important corporate clients and successfully handling their cases, which not only validates the firm’s capabilities but also starts building its reputation. Assembling a team of talented lawyers and staff who share  my  vision and values was also a significant achievement. Achieving sustainable growth, expanding practice areas, or opening new offices are milestones that reflect the firm’s success and acceptance. We opened a branch office of the firm at Kochi which was successfully managed for many years by a very close friend and coursemate in law college, till he was elevated as a Judge of the High Court. Navigating these challenges and celebrating these triumphs requires resilience, strategic planning, and a commitment to delivering exceptional legal services. Each hurdle overcome and each success achieved contributes to the firm’s evolution and long-term viability in the very competitive legal field.

    You’ve been involved in landmark cases like the Sahara and PACL cases and Nirma Vs SEBI. Can you share insights into these high-profile cases and what they taught you about the intricacies of Indian law?

    Certainly! Each of these landmark cases provided valuable insights into the complexities of Indian law and the legal system. The Sahara and PACL cases, for instance, highlighted the importance of regulatory compliance and investor protection in the financial sector. These cases involved intricate legal arguments regarding securities regulations, investor rights, and corporate governance, showcasing the need for thorough due diligence and adherence to legal frameworks to ensure fair and transparent dealings in financial markets.

    The Sahara Vs SEBI case is one of the most notable legal battles in Indian corporate and securities law history. It revolved around the issue of Sahara Group’s non-compliance with SEBI’s regulations regarding raising funds from the public through Optionally Fully Convertible Debentures (OFCDs). SEBI asserted that Sahara had raised billions of rupees from investors without proper regulatory approvals and disclosure requirements, thereby violating securities laws and jeopardizing investor protection. Sahara Group, on the other hand, contended that the funds were raised through private placements and were not subject to SEBI’s jurisdiction. The case spanned several years and involved multiple legal proceedings, including appeals to higher Courts. In 2012, the Supreme Court of India delivered a landmark judgment directing Sahara to refund the collected amount to investors with interest, through SEBI. The court also imposed hefty fines on Sahara for non-compliance. The SEBI Sahara case significantly contributed to shaping securities regulations in India, emphasizing the importance of investor protection, regulatory compliance, and transparency in fundraising activities. It also underscored the pivotal role of SEBI in regulating and monitoring capital markets to maintain their integrity and stability.

    The PACL vs. SEBI case was another significant legal battle concerning securities regulations and investor protection in India. PACL, also known as Pearls Agrotech Corporation Limited, was accused by SEBI of running illegal collective investment schemes (CIS) without proper regulatory approvals. SEBI alleged that PACL had raised over ₹60,000 crores from millions of investors through its CIS (Collective Investment Schemes) activities, promising high returns on agricultural land investments. However, SEBI argued that PACL was not complying with the necessary regulatory frameworks and was operating in violation of securities laws. The case involved extensive investigations, legal proceedings, and efforts to recover funds for affected investors. In 2015, SEBI order PACL to refund the collected amount to investors and imposed penalties for non-compliance with regulatory requirements. In Appeal before the Supreme Court, the setting up of the Justice (Retd) R.M.Lodha Committee to sell properties of PACL and its associate concerns etc.  and repay investors, was ordered. The PACL vs. SEBI case highlighted the importance of robust regulatory oversight in preventing fraudulent schemes and protecting the interests of investors. It also underscored the need for strict enforcement of securities regulations to maintain trust and confidence in the financial markets.

    In the Nirma vs. SEBI case, the Supreme Court in  its decision on the takeover offer by Nirma Industries Limited to the shareholders of Shree Rama Multi Tech Limited (SRMTL),  concurred with the view of the Securities Appellate Tribunal (SAT) and the Securities and Exchange Board of India (SEBI), in disallowing the withdrawal of the offer by Nirma. he Supreme Court largely relied upon an interpretation of Reg. 27 of the. SEBI Takeover Regulations, 1997 to come to the conclusion that withdrawal was not permissible. This case shed light on the evolving landscape of corporate law and the regulatory authority of SEBI in matters concerning securities market violations and underscored the significance of regulatory oversight in maintaining market integrity and investor confidence. I was the lead Counsel in this case and I  will never forget the day of pronouncement of judgment in this case, when the Hon’ble presiding Judge of the Bench that had heard the appeal, looked up and said ”Mr Venugopal you have won”!

    Your practice spans various legal domains, from civil litigation to securities laws and arbitration. How did you develop such a broad expertise, and what areas do you find most challenging and rewarding?

    My broad expertise developed through years of studying and practicing law across different domains. As Standing Counsel for the State of Goa from 17.01.2013 to 18.02.2021, I dealt with a wide range of legal issues and cases that affected the State and its residents, and these included everything from constitutional matters to administrative law, civil disputes, matters related to environmental regulations, water disputes  and even criminal cases. Each case presented unique challenges and opportunities. I find the diversity of legal issues fascinating, but the complexity of securities laws and arbitration tends to be both challenging and rewarding as they require a deep understanding of regulations, market dynamics, and dispute resolution strategies.

    As someone with over 33 years of experience and a recent designation as a Senior Advocate by the Supreme Court, what advice would you give to fresh law graduates entering the legal profession today?

    I would  advise fresh law graduates to prioritize continuous learning, build strong professional relationships, maintain integrity, and always strive for excellence in their work. It’s crucial to stay updated with legal developments and hone both legal knowledge and practical skills to navigate the complexities of the legal profession effectively. Additionally, fostering a reputation for reliability, honesty, and professionalism will be invaluable throughout your career.

    Get in touch with Pratap Venugopal-

  • “Filing false complaints may initially seem like a petty victory, but it leaves both parties with much resentment and whopping legal fees.” – Addressing the issue of false cases: Mrinalini Rajpal, Independent Legal Counsel- Family and Matrimonial Law

    “Filing false complaints may initially seem like a petty victory, but it leaves both parties with much resentment and whopping legal fees.” – Addressing the issue of false cases: Mrinalini Rajpal, Independent Legal Counsel- Family and Matrimonial Law

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Reflecting on the beginnings of your career in law, could you share about your journey, about your family and what inspired you to pursue this path of Law?

    I come from a Sindhi business family that has been in the petroleum industry for five generations. Despite a business background, the elders always placed a strong emphasis on education, encouraging the growth of several doctors, engineers and business graduates within the family. My maternal side of the family were well-known producers and distributors in the Hindi film industry. A legal career was not a typical path within my family background, but on reflection, I feel it had always been my true calling. 

    My aspiration to pursue a legal career began at the young age of 13 when, at my school, JB Petit High School, Mumbai, I attended a lecture on environmental law by the eminent Senior Counsel Mr. Navroz Seervai. His views on how law could be used as a tool to bring about transformative changes in society resonated deeply.  The seed was further nurtured by regular teenager interests in legal fictional books and shows, and this led me to join Government Law College, Mumbai to pursue the 5-year degree course. 

    My interest in family law took root at a young age, influenced by personal relations. I witnessed the unfortunate plight of a family friend who despite being an educated lady, was in an emotionally abusive marriage but was unable to find a way out of it as she had no family or financial backing and was afraid of losing custody of her young children. Coming from a fiercely liberal background and school, it made me realise that there were people across strata who were stuck in a bad marital situation and were unaware of their options. I had hoped then, to be able to make a real difference in such situations and I am glad that I am finally in a position to realise that dream. 

    Your journey from commercial litigation to specializing in family law is quite fascinating. Could you share what prompted this transition and how it has enriched your professional outlook?

    Whilst I always knew I would eventually specialise in family law; I did not want to pigeonhole myself in a specialisation early on. I am glad I took the long road experiencing and learning about the myriad aspects of the law. During my college days, I recognized my inclination towards litigation and took up internships with law firms to acquire practical experience. I also interned at the National Human Rights Commission and in my final year, I did a judicial clerkship with the Hon’ble Mr Justice (Retd) S.J. Vazifdar (Former Chief Justice of Punjab and Haryana High Court). I observed firsthand the intricacies involved in conducting trials and the skills of persuasion a litigating advocate must possess.

    Upon graduation, I worked in several prestigious litigation firms, gathering knowledge and experience in difference areas of law such as media, real estate, arbitration, family, banking and finance. I learnt how to run a litigation holistically right from laying the foundation stone, being the first communication until its logical end. Working with the best litigators in Mumbai I learnt a lot of unique drafting styles, strategies towards a matter, practical tips on client handling or how to read a judge – with each matter furthering my skills as a litigator. 

    After spending a decade practicing commercial litigation, I took a sabbatical to expand my family and since then I have had the most wonderful experience raising my son–despite its inimitable challenges. It made me realize, like law, raising a child is a dynamic and ever-growing process, where you learn something new every day. I have also learnt the art of nuanced negotiating where I need to make my son believe that he has got his way! 

    In 2020 while the world was battling Covid, marital disputes spiked. I got a firm push towards family law when I helped a friend who was in the midst of a particularly tenacious negotiation against her well connected and financially sound (now ex) husband. He was unwilling to give her a fair settlement initially and she was out of her marital home with her young children. A long-winded expensive court battle was not an option. Extensive strategizing and negotiations eventually led to a satisfactory settlement, including a lumpsum alimony and a house in her name. This encouraged me to pursue my interest in family law and I joined the chambers of Senior Advocate Mrs. Mrunalini Deshmukh, to formally kickstart my practice. I was associated with her chamber for almost 2 years, whilst simultaneously building my independent practice. 

    In your experience, what is your perspective on false cases within the realm of family law? Have you encountered instances of such cases during your career, and if so, could you share your approach in handling them while upholding justice and maintaining ethical standards? 

    Matrimonial disputes are uniquely characterised with the baggage of bruised egos and scarred emotions on both sides – which unfortunately could result in acts of personal vendetta against the spouse (and family) at times. I have seen a sharp increase in matters where false complaints are being filed under Maintenance and Welfare of Parents and Senior Citizens Act, the Protection of Children from Sexual Offences Act (POCSO), and shockingly, even filing of false kidnapping cases, especially against the father. All these are awful pressure tactics, with a devastating impact on children. When one files a complaint for kidnapping or under POCSO- it appears that the party filing such complaint has forgotten that at the heart of the issue, there is a child being thrust into a conflict zone (which is the marital dispute essentially between the parents). To then further drag the child through such cases is adding additional trauma that the child most definitely does not deserve nor need. 

    My approach and advice is always- there are no winners in a divorce, so negotiate as hard as you can outside court in order to reach an amicable settlement and enter court only to file a mutual consent divorce Petition. I encourage parties to take all the help and external counsel possible, in the form of family, friends, mediators, marriage counsellors, well-wishers and lawyers. Exhaust all amicable possibilities including pre-litigation mediation and only once you’ve exhausted such possibilities and a settlement still hasn’t worked out, then go to court, but fight fair. Most importantly, if there is a child involved always remember that your north star is that young person, because your actions are shaping their future, and in the larger scheme, the future of generations to come. 

    Could you shed light on the importance of empathy and guidance in navigating clients through the emotional complexities inherent in family law disputes?

    Empathy is a super-power and as a family lawyer one should be cognisant of it, and try and cultivate it. According to me, family law practice is more about understanding the root of the dispute and finding a way to settle the matter as amicably as possible, rather than pushing to litigate. Either one or both parties may come from a place of ego. During the first meeting, I am usually told by the client that they want to “show their spouse their place” not being mindful that when you burn your house, you burn with it. It is then our duty to talk the client off the ledge and make them realise the pit-falls of their actions. I am very glad about the fact that in the past year I have managed to amicably negotiate and settle a number of cases, some of which started off with extreme hostility – which has further fortified my belief that at the core of every dispute, there is an inherent desire to end the acrimony and move on. I strongly encourage parties to first try counselling- individual as also couples counselling -before taking any drastic steps. Often counselling fails, but by then tempers have calmed, the parties have got better perspective and they are more receptive to a settlement. I also realised that clients (and their families) want me to hand-hold them through this very difficult phase, reassuring them that I have got their back and in doing so, it becomes much easier to reason with them.

    As an advocate for peaceful resolutions, how do you handle cases where litigation becomes unavoidable, and what steps do you take to mitigate adversarial dynamics?

    Commercial litigation lawyers usually aspire towards a landmark victory in Court and being a part of landmark judgments, but family law is a unique space where as a family lawyer, you may not be spoken of in the same breath as commercial legal luminaries, but should always be remembered as someone who brought about a peaceful resolution within a family. Having said that, it is not always possible to amicably settle matters and sometimes it is necessary to battle it out in Court. My mantra is to always keep it fair and honest whilst keeping the larger picture in mind – no matter what the circumstances may throw your way. At times, I have had to even reign my own clients in, and not let egos take over the process. However, even within an acrimonious battle, I always try and keep the door ajar for the opposing party/ counsel to walk in and engage in a settlement at any stage.

    In your experience, what are the most common misconceptions that clients have about family law, and how do you address them during consultations?

    One common misconception is that filing false complaints against the spouse and/or family will put the right pressure on you and get you the desired result. Completely untrue. Whilst filing such complaints may initially seem like a petty victory, after a point the feeling fizzles out, leaving both parties and their families with much resentment, a mountain of paper-work and whooping legal fees. The advice I provide can’t be the same for every client, it has to be tailor made keeping in mind facts and circumstances, but the one consistent advice I give is, if you want to file such complaints, be prepared to stay in court for a long time, losing years of your life and not to mention a large part of your income.  

    What advice would you give to aspiring lawyers, particularly those interested in specializing in family and matrimonial law, based on your own career journey and experiences?

    The most important yet basic advice I could offer is, do not bring your client’s energy back home, have an awareness about your own emotions and be mindful of your boundaries. A philosophy I strongly believe in is, if, as a family lawyer, you find yourself litigating more than amicably settling matters, you are doing it all wrong and need to rethink your perspective.

    With the demanding nature of your legal practice, how do you prioritize self-care and relaxation? Could you share some of your favorite methods for unwinding and maintaining a healthy work-life balance amidst your busy schedule?

    The balance between work and being physically and emotionally present for my young son, is challenging on many days. However, spending time with him is my absolute favourite way to unwind, especially after an exhausting day. We have some of the best conversations at dinner time. During the weekend, we catch up with our close-knit circle of family and friends and go for a swim at the CCI Club, which we both love. We love baking and cooking together. We also love discovering cafes around the city. To maintain a healthy work- life balance, I ensure that I start my day with a brisk walk by the sea, which both centres my thoughts and helps me plan my day. I have an incredible support system in my family and friends. I meet my friends for coffee and laughs at least once a week and those who don’t live in the city, we have a system of check-ins once every few days. I also ensure I meet up with my family almost every-weekend to get that much needed pampering. Both my siblings live out of the country so I make sure I take at least 1-2 holidays with them each year. At the end of the day, there is nothing that a well-rested night of sleep cannot cure. 

    Get in touch with Mrinalini Rajpal-

  • “One of the critical existing challenges in the WTO Trade Remedial investigations is the existence of unchecked administrative discretion of investigating authorities due to legislative shortcomings and procedural inconsistencies that impact international trade”- Dr. Amit Randev, International Trade Lawyer and Policy Consultant

    “One of the critical existing challenges in the WTO Trade Remedial investigations is the existence of unchecked administrative discretion of investigating authorities due to legislative shortcomings and procedural inconsistencies that impact international trade”- Dr. Amit Randev, International Trade Lawyer and Policy Consultant

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Could you please share with us what initially drew you to pursue a career in law, particularly in the specialized field of international trade law?

    Frankly speaking, I was an above average student during my school days but was really drawn towards sports and extracurricular activities. I was sensitized to social issues through my association with civil and community service organisations like Indian Scout and Guide, I was fortunate to be one of the few candidates from the state of Uttar Pradesh to have received the Governor’s award. 

    Like any other aspiring student hailing from a humble background, I was very motivated and ambitious to do something for my family and the country. After completing my 12th standard from the Commerce stream with decent marks, I was certain that I didn’t want to pursue any conventional graduation course or pursue chartered accountancy. So, law as a career option came through the zeal to do something impactful.

    Being a first generation lawyer, it was quite difficult to chalk out a typical plan in terms of selecting the institution and the subject of specialisation in law. Law College Dehradun, which was then affiliated to a Central University was recommended by one of our family friends based in Dehradun. 

    But initially like any other student belonging to a tier three city in 2011-12, I was a bit nervous about the choice of the institution in India due to limited exposure. However, it was a blessing in disguise as Law College, Dehradun really helped me to inculcate some of the best values of the profession and life. It was an excellent journey with experienced faculty (notably our Principal Prof (Dr.) Rajesh Bahuguna and Prof (Dr.) Poonam Rawat, supportive batch-mates and world class education facilities that laid the foundation for my legal profession.

    I believe it was due to my keenness to learn and ask questions beyond the curriculum that motivated me to pursue my Master’s in Law right after my law graduation. 

    I was fortunate to get a reasonable rank to qualify CLAT PG-2017 to secure admission in one of the most prestigious law schools of India that is “West Bengal National University of Juridical Sciences (“NUJS”), Kolkata”. 

    Without reservation and with a humble acknowledgment, I admit that graduating in law from a traditional Central University, I was unaware of concepts like Anti-dumping (“ADD”) or Countervailing Measures (“CVD”) until my initial LL.M. class on International Trade Law at NUJS in 2017, under the guidance of my esteemed mentor, Prof. (Dr.) Sandeepa Bhat.

    However, that 45-minute class sparked my curiosity, driving me to delve deeper into the subject and inspiring nearly 7 years of passionate work in this domain. 

    Your academic journey is quite impressive, from your B.A. LLB at Law College Dehradun to your Ph.D. in International Trade Law. What were some of the key experiences or influences during your education that shaped your career path?

    As I mentioned, I truly cherish every day of my law school that made me learn something or the other each day. During my law graduation days, I was really an active member of various student bodies and had an opportunity to be the President of the Legal Aid Centre of the college. I have participated and organised several national and international cultural and academic events that provided me with the exposure to learn a lot of things subconsciously.

    What I can recall is that my initial internships were a bit unconventional like working for renowned NGOs like Childline India Foundation (Childline-1098) and Rural Litigation and Entitlement Kendra (RLEK) that provided me an exposure to understand the issues of the weak and marginalised sections of our society. 

    Also, my internships with Uttarakhand State Women Commission and Uttarakhand Human Rights Commission provided me a fair idea as to how good laws and policy, if implemented well, can act as an instrument to bring change and social justice.   

    After completing my Masters, in the initial phase of my career, I worked as a Research Associate with the Directorate General of Trade Remedies (“DGTR”), under the Ministry of Commerce & Industry, Government of India. This is India’s investigating authority to deal with Trade Remedial issues raised by Indian domestic industries against the unfair trade distortive practices. 

     At DGTR, I gained valuable insights on WTO jurisprudence and Indian practices while working with dynamic investigating teams (including officers from different cadres and ranks), handling ADD and CVD cases and actively contributed to providing institutional support to small and medium enterprises through awareness campaigns and technical assistance.

    Your Ph.D. thesis focuses on “WTO Trade Remedial Measures.” Can you tell us about the most significant challenges you uncovered in your research and how they impact international trade, especially concerning India?

    I started my research with a motivation or a quest to find answers to several questions regarding the hyper-technical concepts of International Trade Laws. My initial hypothesis that eventually stands correct in a technical sense was that the existing sensitive and procedural framework governing WTO Trade Remedial measures in India are not efficient and effective enough to address the contemporary issues in global trade.

    One of the critical existing challenges in the WTO Trade Remedial investigations is the existence of unchecked administrative discretion of investigating authorities due to legislative shortcomings and procedural inconsistencies that impact international trade.

    Transitioning from academia to professional practice, you worked as an Associate Director at SBA Group Solicitors and Consultants. How did this role help you apply your academic knowledge to real-world trade law cases?

    Needless to mention, the legal profession is very demanding, such as International Trade Litigation.

    I joined SBA Group Solicitors and Consultants (“SBA”) after working as a Trade Consultant with Government of India and as an in-house legal counsel with Jindal Group. So, by that time I got a reasonable idea of the expectations of the corporates/industry from Trade lawyers/consultants.

    The experience at SBA was very rich and challenging but rewarding at the same time. Being one of the few Indian Trade Law firms in India that represents before the International Investigating Authorities like US Department of Commerce (USDOC) and European Commission, working with the firm was indeed an amazing and overwhelming experience. 

    At SBA, I led a team responsible for representing Indian industries in Trade Remedial Investigations, specifically ADD, CVD, and Safeguard Measures before Trade Investigating Authorities, primarily the United States and the European Union. During my tenure, I also conducted comprehensive legal research and prepared precise technical and legal submissions, contributing to the successful execution of strategic assignments for major Indian corporate entities covering Textile, Steel, Pharmaceutical and Ceramic Industries. 

    You’ve worked on more than 15 antidumping and countervailing duty cases, saving millions for your clients. Could you highlight one or two cases that were particularly challenging or rewarding and explain why?

    I should confess that I was quite lucky to have such a rich experience so early in my career. I am especially grateful to my partners and the management at SBA to show such trust and confidence in me. Mr. Sunil Bhargava, Mr. Arpit Bhargava and Ms. Radhika Sharma deserve a special mention. 

    Though working for each case and assignment was quite exciting, two important cases that provided me exceptional exposure was working with the Senior US Trade Counsel to prepare a legal brief before the US Court of International Trade (USCIT) challenging the finding of USDOC and another was to facilitate the verification of European Commission for one of our client who was the largest exporter of ceramic tiles to EU and work closely with the European Commission officers for each details and arguments, we were able to successfully defend our clients in the case.

    Your experience includes working with international clients and representing cases before the U.S. Department of Commerce. How has this international exposure influenced your perspective on trade law?

    Since both India and the Unites States are common law countries, so principally the legal fundamentals are broadly similar. Having said that, working with international clients from different cultural and educational backgrounds and that too in different time-zones was quite challenging. 

    Further, practising before the USDOC was very fascinating, though it warrants a lot of diligence and accuracy but officials are very accommodating and are rational at the same time. This exposure provided me with a realisation that international trade litigation has a very significant impact on stakeholders globally. 

    In your current role as a Consultant at the Centre for WTO Studies, what are some of the key projects or initiatives you’re involved in, particularly regarding the India-EU FTA negotiations?

    I joined the Centre for WTO Studies in December 2023, following the completion of my doctorate in International Tarde Law. The Centre, established in 1999, serves as a permanent repository for knowledge and documentation related to WTO negotiations.

    My decision to join the Centre was driven by a strong desire to further my learning and research capabilities by working alongside some of the brightest academic minds in the fields of WTO and International Trade Law and policy. The Centre offers a unique environment that combines institutional training with international exposure, which is crucial for enhancing my research skills.

    In my current role, I am working closely with India’s Free Trade Agreement (FTA) negotiating teams. These teams engage with potential strategic trade partners, and my primary responsibility is to provide research and technical insights that inform the negotiation process.

    This experience has been exceptionally rewarding, as it has allowed me to delve into the complexities of trade negotiations. I have gained a deeper understanding of the challenges involved in negotiating with developed nations and reaching mutually beneficial agreements. It has also been an eye-opener, revealing that international trade and negotiations extend far beyond the realms of law, economics, and policy, involving intricate dynamics and strategic considerations. 

    We have noted that recently you have authored a book on WTO Trade Remedial Measures, what inspired you to write this book, what is the audience to seek to cater to?

    My passion for international trade law and my hands-on experience in the domain have greatly motivated me to write a book titled “WTO Trade Remedial Measures: Navigating Legal and Economic Complexities in International Trade”. The book published by one of the renowned publication houses of the country, has received appreciation from academic and legal fraternity.

    The multilateral trading system, epitomized by the World Trade Organization (WTO), is at a critical juncture due to escalating trade tensions and global crises. My book aims to unravel the evolution, challenges, and implications of trade remedy measures within the framework of WTO agreements. It offers a distinct focus on India’s perspective, enriched with a comparative analysis of practices in the United States and the European Union. This comprehensive exploration provides valuable insights into the contemporary trade environment and the specific issues faced by different jurisdictions.

    In this context, the book undertakes a pioneering effort to evaluate existing laws and procedures concerning trade remedy measures in India. It sheds light on legislative shortcomings and procedural inconsistencies, advocating for safeguards against unchecked administrative discretion. By proposing amendments to enhance the efficacy of trade remedies, the book charts a course toward a more equitable and responsive global trading system.

    This book is tailored for a diverse audience, including scholars, practitioners, policymakers, exporters, entrepreneurs, and students interested in international trade law, economics, and policy. It aims to serve as a critical resource for understanding the intricacies of trade remedy measures and their role in the multilateral trading system.

    The motivation behind writing this book stems from my desire to contribute to the field by addressing existing gaps and offering practical solutions. My industrial exposure and passion for the subject drive me to advocate for a fairer and more effective global trade system, which I hope to achieve through this work.

    Finally, based on your extensive academic and professional experience, what advice would you give to fresh graduates who are aspiring to build a career in law, especially in the niche field of international trade law?

    Although I don’t consider myself an expert in career orientation. My mantra in my career is “to go with the flow and keep it simple”. However, here are some key points of advice for fresh graduates aspiring to build a career in law, especially in the niche field of international trade law:

    1. Stay Updated
    • Keep Abreast of Developments: Regularly read journals, articles, and news related to international trade law and WTO updates.
    • Attend Seminars and Webinars: Participate in conferences and webinars to stay informed about the latest trends and issues in the field.
    • Subscribe to Industry Newsletters: Follow relevant organizations, think tanks, and law firms that specialize in international trade law.
    1. Develop Soft Skills
    • Effective Communication: Work on your written and verbal communication skills to articulate complex legal concepts clearly.
    • Networking: Build and maintain professional relationships within the industry through networking events and social media platforms like LinkedIn.
    • Negotiation Skills: Develop strong negotiation skills, as they are crucial in trade law and dispute resolution.
    1. Embrace Technology
    • Familiarize with Legal Tech: Learn about the latest legal technologies and software that can aid in research, document management, and case analysis.
    • Enhance IT Skills: Be proficient in using data analysis tools and legal research databases.
    1. Identify Research Interests
    • Focus on Specific Areas: Identify and specialize in specific areas within international trade law, such as trade remedies, intellectual property rights, or dispute resolution.
    • Engage in Academic Research: Contribute to academic journals, write articles, and participate in research projects to build your expertise and profile.
    1. Gain Practical Experience
    • Internships and Fellowships: Seek internships at law firms, international organizations, or government agencies that deal with trade law.
    • Pro Bono Work: Engage in pro bono work related to trade law to gain hands-on experience and contribute to your community.
    1. Pursue Further Education and Certifications
    • Advanced Degrees: Consider pursuing an LLM or other advanced degrees in international trade law.
    • Certifications: Obtain certifications from recognized institutions to bolster your credentials.
    1. Understand the Global Context
    • Study Comparative Law: Learn about the trade laws and practices of different countries to gain a global perspective.
    • Language Skills: Develop proficiency in foreign languages, as this can be advantageous in international legal practice.
    1. Stay Open to Diverse Roles
    • Explore Various Roles: Be open to roles such as policy advisory, consultancy, or academia, which can provide diverse experiences and insights into international trade law.

    Get in touch with Dr. Amit Randev-