Your journey into Intellectual Property law seems quite diverse and extensive. Could you share some insights into how your career began and evolved to where you are today?
Post my LL.M degree in Intellectual Property law, I was very keen on establishing an IPR practice. However, it is very important for a lawyer to be exposed to many areas of practice before narrowing down to the field of liking. Therefore, I chose to practice general litigation along with IPR. In total, I worked for 4 law firms before starting on my own. Most of my work was in the area of IPR. During my time as a junior associate, I wrote articles on different topics of Intellectual Property to explore the subject. Writing articles on topics you would like to explore is the best way to gain knowledge on the said topic. My articles I posted on LinkedIn actually brought me clients. I also got an opportunity to train MSMEs through MSME DI Chennai which brought the much needed visibility. Patience, perseverance and hard work are the three important pills for a 1st generation Lawyer.
As someone who has practiced in both independent and corporate legal settings, what differences do you find in terms of approach and strategy when handling intellectual property matters?
In both the setups, ultimately the strategy depends on the facts and circumstances of each case. In terms of approach to clients, cases, fees etcA corporate firm is extremely structured and there are systems in place to deal with multiple aspects.
Intellectual property law encompasses various aspects, including patents, trademarks, copyrights, and geographical indications. How do you stay updated with the latest developments and best practices across these diverse areas?
Being a lawyer; to serve your client best it is very important that you keep yourself updated. It is very essential that you read regular law journals and latest judgements, blogs, and international and national blogs. Regular reading is the key.
Your involvement with MSMEs and entrepreneurs suggests a passion for supporting small businesses. How do you tailor your legal advice to meet the unique needs and resources of these clients?
Like I mentioned earlier there are no hard and fast rules as to how to deal with a certain type of client. Requirements of each client, whether a person/ entity is unique and every case requires a tailor made strategy.
Could you share a memorable case from your time at Fox Mandal Little where your expertise in copyright infringement or design registration made a significant impact on your client’s business?
While in Fox Mandal, I was doing more of prosecution than litigation and I remember working on very prestigious brands and clients. Many were international. It is pertinent to mention that it was here in Fox Mandal that I was exposed to the non-contentious and prosecution side of IP practice; wherein my previous and later association with other firms were more of litigation. This experience allowed me to look at and practice IPR in a 360 degree perspective.
Reflecting on your journey thus far, what do you consider your proudest professional achievement, and what lessons have you learned along the way that you would like to impart to others in the field?
My entire journey thus far is an achievement. Being a 1st generation lawyer and without a legal background and guidance, holding my ground so far is a great achievement for me. Apart from that I have many prestigious names in my clientele. Integrity, honesty, sincerity and hard work shall take anybody a long way. However, sometimes smart work is also important.
You’ve authored the IP Digest and conducted numerous IPR training sessions. How do you believe education and awareness in intellectual property rights contribute to innovation and business success?
In my experience, in the Indian scenario I have seen quite highly educated people lacking awareness on Intellectual Property Rights. Many of them are quiet ignorant about the benefits it can offer and also the dangers of not taking certain actions at the right time. That is the very purpose of coming up with this digest so that the laymen and children can learn the importance of IPR. Exploiting one’s IPR is a practical way to success. That is what I try to reiterate in my training sessions.
Your academic journey includes pursuing a Master of Laws (LLM) in Intellectual Property Law from the University of Manchester. Could you share some insights into how the educational experience in Manchester differed from your studies in India, and how that experience has influenced your approach to practicing intellectual property law?
It is mostly self-learning through course works and dissertations. It was however different, and had a different perspective. Some exams were for 1hr 15 min which actually needs you to keep the subject in your fingertips. Overall, it was a good exercise to the brain and a test of your ability and calibre.
You’ve been involved in mediation and copyright infringement cases. How do alternative dispute resolution mechanisms contribute to resolving IP disputes effectively?
There are certain aspects of IPR that can be resolved only through courts. However, there are disputes which could be solved by using alternative dispute resolution mechanisms. Its time saving and faster compared to litigation. It is beneficial under certain circumstances.
How do you typically unwind or recharge outside of your professional responsibilities? Do you have any hobbies or activities that help you relax and maintain a healthy work-life balance?
You will actually know when you need a rest, your brain’s ability to think further stops for a minute. I do have hobbies of which reading books of literature and children’s books give me utmost pleasure. I like to watch legal dramas to keep me motivated and connected. Travel is a must and the best. Nevertheless, the best among them all is to spend quality time with family, cousins and close friends. It rejuvenates like no other.
Could you please tell us about how you started your career in law? Who or what inspired you to choose this path, and can you walk us through your journey, including the struggles you faced in the initial days of your career?
My journey into law started with a deep fascination for the legal system. My father wanted me to be a Chartered Accountant, so I chose commerce in high school and enrolled in a B.Com course at Delhi University. However, after just a month, I had a sudden realization that it was “now or never” to follow my true passion. Almost overnight, I moved to Pune to pursue a 5-year law course.
Growing up, I was inspired by my uncle, a renowned lawyer in Assam. His approach to complex situations left a profound impression on me. This, combined with my interest in understanding the intricacies of the law, was all the motivation I needed to pursue a career in law.
I started my career at R. K. Dewan & Co., a law firm known for its expertise in intellectual property law, thanks to a pre-placement offer I had received from them. The initial days were tough—the transition from academic learning to practical application was a steep learning curve. I faced the typical struggles of a novice lawyer: long hours, complex cases, and the pressure to prove myself, all while adjusting to a new city, Mumbai. However, looking back, I’m thankful for these experiences as they helped shape my professional skills and resilience.
You started your career working with R. K. Dewan & Co., and after 1.5 years, you transitioned to Reliance Communications. What motivated your shift from working in a law firm to taking on a role in the corporate sector?
Joining Reliance was a strategic move for me, marking my entry into the corporate sector. I wanted to be more directly involved in business operations and strategy. The opportunity to work within a company, helping to shape its direction and growth from the inside, was incredibly appealing. Honestly, I was excited by the variety of challenges the job would involve.
During my time at RKD, I developed a strong understanding of Intellectual Property laws, which was immensely valuable. However, as I mentioned, I wanted to gain a broader perspective and immerse myself in the business environment. Moving to the corporate sector offered me the chance to see how various legal frameworks operate within the broader context of a business, beyond just IP law.
How do you see the field of business ethics and compliance evolving in the next five to ten years, and what new challenges and opportunities do you anticipate?
In the next five to ten years, the field of business ethics and compliance will be significantly influenced by technological advancements, globalization, and increasing societal expectations.
Technologies such as AI, blockchain, and big data analytics will enhance compliance monitoring and fraud detection but also pose challenges related to data privacy and algorithmic bias. As businesses expand globally, they will need robust compliance frameworks to navigate diverse regulatory landscapes. The growing demand for transparency and sustainable practices will drive more stringent reporting requirements and elevate the importance of environmental, social, and governance (ESG) considerations.
The primary challenges will include integrating ethical considerations into advanced technologies and maintaining compliance across different jurisdictions with evolving regulations. However, businesses that effectively leverage these technologies can achieve cost savings and operational efficiencies. Companies that prioritize ethics and compliance will gain a competitive edge by building strong reputations and fostering trust with stakeholders.
As the Head of Business Ethics Compliance at Mankind Pharma, what are your primary responsibilities and how do they contribute to the organization’s success?
My primary responsibilities at Mankind Pharma include overseeing the implementation of the company’s business ethics compliance program, ensuring adherence to regulatory requirements, and fostering a culture of integrity and accountability. I work closely with various departments to develop and enforce policies that align with the company’s mission of delivering affordable and quality healthcare.
These responsibilities directly contribute to the organization’s success by mitigating legal risks, enhancing the company’s reputation, and building trust with stakeholders.
In high-stress roles like yours, maintaining work-life balance can be challenging. What strategies do you use to maintain this balance effectively? Also what hobbies or passions do you follow to unwind yourself?
It requires a deliberate effort and effective time management. I prioritize tasks based on their urgency and importance, delegate responsibilities when possible, and ensure that I set aside time for self-care and family.
Listening to music is my favourite way to unwind; it helps me relax and recharge. Finding time for hobbies can be challenging in today’s fast-paced world, but I’ve discovered that taking short vacations, spending quality time with friends and family, and carving out small moments for personal gratification are essential.
Based on your extensive experience, what advice would you give to young professionals aspiring to build a career in legal and compliance, particularly in the field of business ethics?
To develop a strong foundation in legal principles and continuously update their knowledge to keep pace with evolving regulations. Integrity is paramount in this field, so always strive to uphold the highest standards of honesty and fairness.
Networking is also crucial. Building relationships with peers, mentors, and industry professionals can provide valuable insights and opportunities for career growth. Additionally, gaining practical experience through internships in compliance-related roles can help you understand the real-world applications of theoretical knowledge.
How important do you think networking is in the field of legal and compliance, and how do you go about building and maintaining your professional network?
Extremely important. It not only helps in staying updated with industry trends and best practices but also provides opportunities for professional growth and collaboration. I actively participate in industry conferences, seminars, and professional associations to connect with peers and experts.
What are some key qualities and skills that you believe are essential for success in the field of business ethics and compliance?
First and foremost, integrity is paramount. They must lead by example. Analytical thinking is another crucial skill. The ability to dissect complex regulations, identify potential risks, and develop effective compliance strategies is essential. This involves a keen eye for detail and the capacity to anticipate and address issues before they escalate. Communication skills are also vital. Whether it’s training employees or reporting to senior management, the ability to clearly and effectively convey information is crucial. This also includes the ability to listen and understand the concerns of various stakeholders. Adaptability is important given the dynamic nature of regulations and the business environment.
Finally, leadership and interpersonal skills are critical. Building a culture of compliance requires influencing and motivating others, often without direct authority. This means fostering strong relationships, earning trust, and inspiring a shared commitment across the organization.
What are some common misconceptions about business ethics and compliance that you have encountered?
The most common misconception is that “Business ethics and compliance are primarily about policing and punishment”. Many people view compliance departments as only enforcers who are there to catch and penalize wrongdoers. Maybe this was even true a decade ago! Not anymore. The true essence of business ethics and compliance is to act as advisors who guide and support the organization in making decisions.
Another misconception is that compliance is solely the responsibility of the compliance department. In reality, business ethics and compliance are the responsibility of every employee, from the top executives to the entry-level staff.
Lastly, some believe that compliance is a static, one-time effort. In truth, it’s an ongoing process that requires continuous improvement and adaptation to new challenges and regulatory changes.
How has your background in law influenced your approach to managing business ethics and compliance?
Significantly. Firstly, it has provided me with a strong foundation in legal principles and regulatory frameworks, which is essential for developing and implementing effective compliance programs.
Moreover, my legal experience so far has honed my analytical and critical thinking skills, enabling me to identify potential risks and develop strategies to mitigate them. Additionally, it has taught me the importance of clear and precise communication. Whether drafting policies, conducting training sessions, etc., the ability to articulate complex legal concepts in an understandable manner is key to fostering a culture of compliance.
Hello everyone. We are here today again with Dr. Swati Garg. We want to introduce her as the best female lawyer, I would say, who has opened her office doors for every student or learner. Because she is that humble that she can accept the realities of life and she can guide you through the whole process with a smile on her face. Welcome, Ma’am. And thank you for accepting our invitation to SuperLawyer.
Absolutely. See, I have a background of more than 15 years of teaching experience. And I tell all my students that look, guys, you’re most, most welcome to my office.
Anytime that you need any support in understanding a matter, filing a matter, or taking it ahead in arguing, feel free, don’t ever think that because you’re a first-generation lawyer, you don’t have an office or staff. I tell them that you have me and you will not believe that my office is the DU adda of the place.
At any point in time, all my students are here. They just drop in and ask for suggestions and request me to review their work and I love it. I mean, I feel that as a senior this is the best you can do for your juniors, right?
I have been extremely lucky, people were very kind to me and I just feel what comes around goes around and I can’t even think of any reason to not help your colleague or your junior because you’ve also reached where you are with someone’s help. You did not just parachute land on whatever position that you hold right now.
And, it is very nice, you know, when you go to the courts and people come and touch your feet and they’re like Guruji and you know, that kind of respect. Once a teacher, always a teacher. That’s why I love so many aspects of this profession. I can’t even imagine doing something else.
I love the fact that there is no retirement age in law because I feel you’re growing every day. And, you know, you’re growing on a day-to-day basis. You’re more aware, and more confident today than you were an hour back. So that is the level of learning that you get in this profession.
When did you decide to become a lawyer? What motivated you? And also through your practice years, when did you decide to become an AOR and how has it helped you become the personality that you are?
As for the question of when I decided to become a lawyer, I didn’t really make the decision myself. Others made it for me. Even back in school, for as long as I can recall, I enjoyed arguing and often took the weaker side. It wasn’t about my personal opinion; rather, it was about embracing the challenge. My teachers would often question why I involved myself in certain debates, but I believed every issue deserved a voice, including mine. As I grew older, my teachers encouraged me, saying, “Swati, you’re destined to be a lawyer with your passion for arguing. Why not turn it into a profession?” So, the path was somewhat predetermined, and I didn’t have to ponder much about it.
I’ve always been intrigued by people’s problems and genuinely enjoy listening to them. Often, just lending an ear can alleviate half their troubles. I consider it one of the most fulfilling aspects of my profession. If not a lawyer, I could have pursued a career in psychology, as I believe a lawyer often serves as a counsellor to their clients.
Regarding the AOR designation, I’ve always been drawn to pro bono work, especially in the Supreme Court. However, I realized that financial constraints could hinder access to justice. Without an in-house AOR or someone willing to take on the case pro bono, filing in the Supreme Court becomes challenging. So, I decided to pursue the AOR exam. Although I didn’t achieve top rankings, I approached it with humility and a desire to contribute.
Certain matters may not be universally appealing, and convincing others to take them on can be necessary. However, I decided to take it upon myself, realizing that instead of wasting time persuading others, it would be more efficient to become an AOR myself. This decision was not driven by compulsion but rather by the realization that it would streamline my work. I am generally adaptable, as long as the work is accomplished.
When such tasks begin to impact your efficiency, taking matters into your own hands becomes a logical step. Becoming an AOR is feasible; many have done it successfully. I believe the only barrier to achieving something is the extent of your desire for it. If you truly desire something, you can attain it. Look at Vicky Kaushal, who married Katrina Kaif—his determination is a testament to this. Ultimately, it all comes down to how much you truly desire something. Desperation often leads to success.
How did you manage to pursue a PhD alongside your busy professional life? How has this academic pursuit contributed to your professional and personal growth? Furthermore, what motivates you to advocate for causes like POSH and combat sexual harassment? How do you sustain this motivation and continue your efforts?
I really don’t know myself. It’s as if the path has been decided already. And I just keep walking. As far as the POSH thing is concerned, this was very close to my heart for a long time. I remember I used to work in the area of domestic violence.
Then it was one of my mentors who suggested that look Swati, you are doing wonderful work in the field of domestic violence. Why don’t you look into this field also? It’s an upcoming field. And at that point, I realized that yes, it is indeed a very important field because the percentage of women in the working sector is increasing by the day.
So definitely this is going to cause problems in the future. It is sheer chance that it did turn out to be a hot topic for debate today. And, because I feel strongly passionate about it, it kind of comes through. As far as teaching is concerned, it is definitely becoming more and more difficult with my schedule, but I tell myself that, look, people are doing it right. And, teaching I feel has aided a lot because it gives you that finesse, you know, you are confronting a class of what 80 to 100 students. And all of them are in Delhi University. They have succeeded in reaching that place.
They have eliminated the competition. So they are difficult minds, to say the least. And you are confronting 80 to 100 brains. You’re trying to teach something to them, which makes sense to them. They are going to be coming up with their own questions. So you’re practically training yourself as to how you need to convince a person, how you need to deal with their questions, and how do you continuously speak for two to three hours without getting tired?
Because see the throw of the voice, the projection of the voice, your body language, whether you feel comfortable speaking to a group, whether you feel comfortable addressing a crowd, all these things cannot be learned overnight. Now I have quite a few TV appearances regularly.
I would say two to three TV appearances a month, sometimes more. There was a time when I used to palpitate, thinking, “Oh my God, this is live TV. What if I end up making mistakes?” Like I said, it’s there for perpetuity; you cannot erase it. If it’s a live program, it will be there forever. And you lay yourself open to so much ridicule, and people can kind of show it to you, saying, “Look, this is what you did. This is what you said.” I used to palpitate before every appearance. And now I’m like, “See, it is what it is. We are humans, prone to making mistakes. How does it matter? I mean, if you’ve given an honest effort and ended up saying something incorrect factually, you can always go back and correct it or apologize. As long as you do not do it deliberately or negligently, I’m sure it can be forgivable because you cannot just stop doing things, fearing that you might do them incorrectly.
You have to start somewhere.” So I think academics have helped me a lot. And as far as I think one of your questions was, how has a PhD helped me? Well, it has. At the point in time when I was doing it, I told myself, “Why am I even doing this unnecessarily?” And then people would come to me and say, “Isn’t your practice going well that now you are studying again and teaching?” You know, that used to be very demoralizing at that time. But then I would say, “Well, maybe they haven’t been fortunate enough to get such opportunities, and that’s why they talk like this, right?” And now when the judges address me as Dr. Jindal, I feel so proud of myself. You know, somehow at some level, you have brought yourself out of a regular crowd. I remember once one of my colleagues pointed out to a person of very humble means who happened to be an advocate. I mean, you could make out. He was somehow just loitering around the court complex.
That person was an AOR who pointed it out to me. He said, “Look, what is the difference between him and you? There is no difference. He’s also an advocate and you are also an advocate. So how is it that you two are different?” I said, “Well, I’m a doctor who is an advocate and he’s probably only an advocate. That is the difference.” So any kind of value addition that you do to yourself. I’m not humbling all the advocates out there. So you have to realize that they’re all LLBs and it is very difficult. It’s a five-year course or a three-year postgraduate course. It’s not an easy task. You have to clear around 30 papers if you’re doing a three-year postgraduate course to become a lawyer. Even if you clear 29 out of 30, you’re still not an advocate. It’s as simple as that.
So any kind of value addition that you do to yourself, whether it is as a doctorate or it is as an AOR, anything that you do, will set you apart from that core group of advocates. And I would say that learning is a permanent procedure, that is why you call a lawyer’s practice, you know. It is not like I am a lawyer. People always say that I’m practicing as a lawyer. I’m practising as an advocate, which shows that you can never really be perfect, even if you die around Jethmalani, you will still be practicing. Nobody’s perfect. And they all say that practice till you are perfect. And in this profession, you can never be perfect. So it is sort of a moment for you to sit and self-reflect and tell yourself today.
I had a meeting in the ministry and, the joint secretary told me, “Well, you know, this is a very complicated matter, madam.” And, it was connected to some environmental matters and how the islands need to be protected from sinking and all that. So he was throwing some technical terms and he said, “Look, this is a very complicated matter and somebody would need to convince the judges.” And I was like, “Okay, we’ll try our level best to convince the judges because we would convince ourselves first.” So he said, “This is what I love about lawyers that they are willing to learn new things every day.” I said, “We just take it like somebody has thrown us in the water and it’s either drowned or you learn how to swim.” So only a lawyer would know the nitty-gritty of, for example, construction or in a medical-legal case, they would know about medical negligence. So they know what can go wrong in a human body. They would also know as to why a wife was tortured in the house. The nitty-gritty of who gets to cook in the morning, who’s cooking in the evening. They would also know some sort of injury that happened to a person during playing, or participating in a sport. So this is one field where, practically everything, you know, as many cases as you have handled, you would know as many issues.
What inspired you to write your books, particularly concerning women’s issues? Could you share the motivation behind addressing these topics and discuss your books?
You’ll find it quite unbelievable. Even I do, for that matter. It’s not like I had a plan that I will write a book someday. Things sort of keep happening to me by chance.
The only good thing I can say about myself is I don’t give up the chances I get. So I’ve been writing for a long time, even way back in school. I used to write a lot, even if only for the school magazines. I used to participate in a lot of debates. So writing was a habit.
I used to love reading and writing. It was never forced. I mean, it was never a chore for me to read and be like, “Oh, now I’ll have to read even this.” Never like that. I’m the sort of person who would also read the labels on a shampoo bottle. You know, if I’m just sitting there with conditioner in my hair, I would be like, “Let me just read the label on this bottle while I’m waiting.” That’s sort of an attitude I have.
So it’ll be difficult for me to pass those two minutes. So I would randomly read available things. So, as I was doing my PhD, I remember one of the publishing houses approached me, asking, “Would you like to write a book on this topic?” And I said, “But I have never written a book before,” you know, that was the level of naivety I had at that time.
He said, “Madam, you’ve been writing so much anyway. You’ll just have to write this book in such a way that whoever reads it can understand this topic better.”
And I told myself, “Well, why not? If they’re ready to print, then how does it matter to me?” I mean, I was amazed that you know, if there are takers for this sort of thing, then why not? So, I sort of went ahead and wrote a book on my PhD thesis at that time. At that moment, because somebody approached me, one of the publishing houses approached me. And, you know, I remember at that time I told myself, “Well, if they don’t have a problem printing it, then why should I have a problem writing it?”
That is the kind of attitude I have. And that is how it all started. That was one book I wrote in totality. And there were a couple of other books that I wrote as co-authors. And then thereafter, I’ve been writing regularly in a lot of legal magazines.
Till last year, I was writing one whole page in a national daily, a daily newspaper. So I had one page that used to come out every Wednesday, which was on law and justice. And now also I write in magazines that are weekly magazines. Then there are fortnightly magazines on social issues, primarily related to law, but once in a blue moon, I would also like to write something on a spiritual footing because I like to believe that I’m a spiritual person.
I mean, some of my friends are going to be laughing their asses off hearing the statement, but very, very deep down inside, I do believe that yes, I am. I like to think that I’m a spiritual person. I’m a very God-fearing person. I believe you will get only what you deserve and nothing less and nothing more.
Could you please share how writing has impacted your career and personal growth? Specifically, we’re interested in learning about any increases in reach, career refinement, and personal development you’ve experienced through writing. Your insights on the importance of writing, whether it’s articles, journals, or books, would be invaluable for our learners.
Let me provide another example. If you have two baskets, and in one basket, there are myriad colors – different colored balls – and you have to sort those balls, pick up some of them, and put them in another basket. How many choices are you making? The first choice is whether you want to do it or not. The second choice is which color you should select first. The third choice is looking for that colored ball, picking it up, and putting it in the other basket. Now, the next choice that confronts you is whether you want to continue this task, having finished one color, or do you want to end it there? You know what I mean? What I’m trying to tell you is that when you take that active conscious decision to separate the balls of different colors, you have to make a conscious effort to select some of them and put them together in such a way that it solves your purpose.
So in your mind, you have millions and millions of words. When you make that active conscious decision to put those words to paper, the first thing you need to decide is what you want to write on. If, let’s say, you want to write on women-related issues, for example, how working women today are being sexually harassed at their workplace and what laws are in their favor? What is it that they can do? If you decide to write on it today, let’s say that you want to write a 1500-word article. To write a 1500-word article, you would need to read thousands and thousands of words. Only then will you be able to select some of those words, and put them down on paper, in such a way that they make sense to the readers.
So when you decide to write, you unconsciously, invariably also end up reading, which is imperative for anybody in this field. For any one article that you write, you probably have to read for a week. And then there will be a time when you decide that all the reading you’ve done over the years will somehow be there in your mind subconsciously. And there will be enough words inside of you that you can take them out and put them on paper whenever you want. This is the importance of writing. I don’t know if I could have put it in a better way.
Do you apply similar planning methods to your POSH trainings? How do you structure and conduct these sessions, and what impact have they had on your practice? Additionally, how can individuals, especially lawyers, become involved in such initiatives?
I’ve encountered various trainings, and I’m always intrigued by different approaches to conducting POSH trainings. I’ve noticed that some can be overly academic, simply relaying the law without adding much value. I believe that for any training session, there should be a meaningful takeaway for both the participants and myself. It’s not just about repeating what the law already states.
Often, I conduct sessions for trainers, such as IC members or officers. Tomorrow, for instance, I’ll be training members of the Airport Authority of India. These individuals are well-versed in the law, so my aim isn’t to reiterate basic legal principles. Instead, I focus on real-life cases and practical scenarios to illustrate how to avoid similar issues in their workplaces.
I emphasize the importance of integrating legal knowledge with practical insights to make the training relevant and engaging. It’s like cooking with spices and vegetables – everyone has the ingredients, but it’s how you combine them that makes the dish enjoyable. Similarly, I aim to blend legal concepts with practical applications to provide meaningful guidance.
Rather than dictating what should be done, I prefer to present options and their potential outcomes. It’s about empowering individuals to make informed decisions and be accountable for their actions. This level of accountability is essential in creating a culture of responsibility.
How do you approach complex legal challenges like those involving the Ministry of Environment, Forest, and Climate Change, which have far-reaching impacts on both the environment and human lives?
The only answer you have is knowledge. So if you’re faced with any challenge, the only aspect of the challenge that scares you is not knowing. If you’re in a dark room at night and the light goes out, you’ll only be scared to go out if you don’t know what lies outside.
Once you have an idea, why do people feel so brave when they have a torch in their hand? Because that torch guides them. It tells them that there’s nothing outside, just the plant that was shaking. So the only thing that gives you power is knowledge. Once you are prepared with the problem, once you know the solution, once you know the way ahead, you can tread ahead with full confidence and that confidence will shine through.
The general perception is that the government is not doing anything, and the judiciary is not doing anything. It’s easy to sit in one place and say that they’re not doing anything. When you go and see the efforts the government is making, there’s no one person called the government. If we litter on the roads, is there a government guy roaming around to pick up the trash and put it back in your car from where you threw it? It has to be a social responsibility which lies on everyone’s shoulders. As far as ministry cases about the environment are concerned, getting panelled in this field opened my eyes and I realized that many steps are being taken by the government, and they’re working day and night. Whatever can be done is being done in this area to make the country more habitable, and more compliant. The only thing that remains is for the public to take their way forward in the same direction and be compliant themselves because ultimately the laws can be made, but compliance has to come from the ground level. So I think the best method to prepare for a case is to read as much as you can. Once you’re aware of the idea, what it is that you have to find out, and what are the laws about that particular matter, you will feel better about it. And you will be in a position to give your own opinion. And from there on, the sky’s the limit.
You are in a profession that demands too much seriousness and how do you relax yourself? How do you find time for your family? How do you unwind yourself?
See, I’ll tell you what, I just like to find little amounts of, I call them my stolen moments. So when you go to the court and you realize that, okay, there is a gap between two matters. I would say a chai samosa is my stolen moment.
I would chat around with my friends and just do small things. It doesn’t matter. I tell you, I would call myself a very cheap date. It’s very easy to please me. I mean, you wouldn’t have to take me to ITC or the Taj. I’m quite happy. It depends on the moment.
I think we all need to kind of appreciate the small pleasures of life and not wait for that big moment to come, and that is when we will be happy. So that is imperative, I would say.
What recommendations would you offer for individuals just starting out in their career journey? Considering your earlier advice on the importance of reading, writing, and academic pursuits, how would you advise them to plan their career trajectory?
See, there is only one thing that I would like to say to all the people who are planning to join this profession. I would just say keep going. That is the only thing that never consider a work or any kind of case to be too small or too petty for you to take up. It’s better than sitting idle, right? So don’t wait for that big case to come to you, which will enable you to create a name for yourself. And you will take only a big case because no case is small, the smallest of cases would teach you something. If nothing else then commitment. At least you will end up going to the court. So your visibility in the court matters and visibility does not mean chai samosa. Okay. You’re not just going there to have tea and eat samosa. You’re going there to appear before the court. So any kind of work that you get initially, basically, I would say beggars are not choosers.
When you start in the profession, you are a person who’s begging for work and how does it matter? Go ahead and beg. We are not supposed to solicit work, but if any work comes our way, as long as your expenses are taken care of, forget about your professional fee, because at the end of the day, are you actually contributing professionally to that matter? It’ll be years before, you know, you deserve the consultation fee that you get.
Are you even making sense suggesting people pay for it? To become the person others would pay for wisdom, you must have enough words at your disposal. Until then, doing matters for free hardly matters. I recall times when I spent from my own pocket, a practice I still maintain for matters I deem worthy of legal attention. This is why it’s called a noble profession — only nobility can afford to work without pay. Monetary rewards often come late, leaving little time to enjoy them personally; they become the legacy enjoyed by family, children, or the office. When money does arrive, there’s scarcely time to appreciate it. Needs are minimal for a lawyer: books, a Wi-Fi connection, good shoes, and clean clothes suffice. Peace and quiet become prized commodities for focused work. By then, the enjoyment of work surpasses the desire for money; holidays become a puzzle of what to do with free time. Workaholism becomes a natural byproduct of being a lawyer; creating work is instinctual when idle.
Can you share with us the story of what initially drew you to pursue a career in law, and what motivated you to specialize in criminal, civil, and arbitration disputes?
I did my graduation in English (H) and then wanted to pursue either CA or Law. Ultimately, I was more inclined towards law as the pursuit for justice and a desire to make a positive impact on society is something which can only be achieved in this profession. During the 2nd year of my LLB, I realised that litigation is my calling as I was fascinated with the dynamics of the criminal justice system. Later, during my initial training period, I was fortunate enough to have worked under the guidance of Mr. Ramesh Gupta (Senior Advocate) and those initial years of running around in the corridors of Patiala House Court is what further motivated me to pursue litigation as I was a witness to the countless lives which were touched by my senior daily. The relief on the faces of the clients and their gratitude towards the assistance provided to them by their counsel is what makes it all worthwhile at the end of the day. With passage of time, I ventured into civil and matrimonial matters and then from 2015 onwards Arbitrations as a field started gaining pace in India and a natural progression for me was to start delving into this new field.
As you are aware litigation (specifically criminal and civil litigation) is tough and the initial gestation period is around 5-6 years for any lawyer to start earning a respectable fee. However, if you have the grit and determination to sustain these initial years, then this profession gives you the maximum satisfaction of being a beacon of hope for so many individuals. Additionally, you are constantly learning something new every single day and the learning experience itself keeps you invigorated and makes you a better person and a better professional. This satisfaction of making a difference in someone else’s life by performing my professional duties to the best of my abilities is what motivated me to pursue litigation, and this is my guiding light even today after almost 16 years of being in the profession.
Reflecting on your extensive experience, can you tell us about a particularly challenging case you handled, and what you learned from it?
Well, there have been many memorable and challenging cases which I have dealt with but the one which stands out as being the most challenging of them all would be a CBI case in which allegations of forgery and bribery were levelled against the clients who were builders. The basic allegation was that land acquisition was done based on forged and fabricated sale deeds with the help of officials from tehsildar office. After going through the entire documentary evidence and the purported forged and fabricated sale deeds I managed to identify that the allegation of forgery was prior in time to when my clients had entered into the picture and their sale deeds were based on the previous chain by another person who was not even made an accused in the case whereas the allegations of forgery were of that period. Based on this glaring discrepancy which was highlighted before the Ld. Judge, ultimately my clients were acquitted because of this major flaw in the case put forth by the prosecution. The matter involved meticulous investigation into a lot of documents filed along with the chargesheet and it was all worthwhile in the end. This case taught me to be absolutely thorough with the reading of case documents since a simple date on a document could be the difference between a win or a loss for the client.
You’ve represented clients before some of the highest courts in India, including the Supreme Court and the Delhi High Court. How do you prepare for such high-stakes cases, and what does a typical day look like when you’re gearing up for a major court appearance?
Well, for any litigation lawyer a typical day starts at around 7.30-8am in the morning when you start preparing for your court hearing and post court timings it is usually conferences and meetings till later in the evening. Then by the end of the day you are preparing for the cases which are listed on the next day so to sum it up you are working round the clock as a litigation lawyer and that’s what a typical day looks like for me as well. This pressure has only increased since my foray into a firm as now I am also responsible for the work which my entire team is doing, and I must keep them motivated as well to put in their best efforts in all the tasks which are assigned to them.
There are a few days of temporary respite when there is a long weekend coming up but then that also must be utilised for the purpose of business development meetings. When a high stakes matter is involved then obviously your focus shifts completely for the preparation of that case and rest of the things take a backseat. The team working under me also prioritises on preparation of important matters whenever the need arises, and rest of the work is reallocated accordingly.
Your profile mentions your involvement in both substantive and procedural law. Can you explain how you balance these two aspects in your practice and why both are crucial for successful legal representation?
From my experience I can confidently state that procedural law should be the focus for any fresh graduate who wants to pursue litigation. The learnings from your formative years into the professional when you are either interning or working under a senior, are what will decide on how professionally sound you will be in the future. Substantive law can only provide you with broad guidelines in which you have to move but procedural law is what will determine how you will be able to succeed in a particular case.
I was fortunate enough to have worked under seniors who were doing extremely good trial court work and training under their guidance helped me in honing my procedural law skills. For any litigation aspirant practical knowledge of court craft including the art of cross examination of witnesses is the most important aspect of his learning and growth. Once you are confident in the procedural aspects, you automatically gain a better understanding of the substantive aspect of law as then reading through the relevant provisions of any act or rules becomes easier for you. Based on the knowledge and advice imparted to me by my seniors, I had also focused on the procedural and practical aspects of court craft during the formative years of my practice and that is what has helped in becoming a better professional. I keep myself abreast with any new developments in law by reading recent judgments of higher courts, books and commentaries of different fields of law and online articles on topics relating to my field of work. Reading is something which is imperative for any legal professional and that helps you in maintaining the balance between substantive law and procedural law.
Public speaking and interaction management with strategic clients and senior counsels are highlighted as your skills. How have these skills contributed to your success in the legal field?
From my law college days, I used to participate in moot court competitions which helped me in getting over stage fright since I had always been an introvert during my school days. I think doing my graduation in English language also helped me in becoming more confident while interacting in public. Client interaction is something which you get better at with experience and the same holds true for me as well. With time I got better at understanding the needs and requirements of clients since no two clients are the same and you must deal with each client accordingly. Being a good listener is an important skill in any lawyer’s repertoire as clients want a personalised experience where they feel comfortable discussing all their doubts and apprehensions with their lawyer. Ethics and integrity are two other aspects which are non-negotiable in my practice, and I believe that has helped me in retaining many of my clients as clients also appreciate honesty and sound advice from their lawyer.
I have briefed many seniors during my career and share an extremely cordial and respectful relationship with them. Briefing seniors is an important learning experience as watching them deal with a matter through their own vast experience gives you fresh insight and perspective on how to deal with a particular issue or case.
You’ve worked on cases involving the Indian Penal Code, Civil Procedure Code, and numerous other acts. Which legal area do you find the most complex and why?
All cases are challenging but for me particularly civil matters are more technical in nature and require thorough understanding of the Code and mere procedural defects can lead to unwarranted outcomes. Other than civil matters, cases involving IBC and SFIO are also technical in nature, and these are evolving fields, so they also offer some challenge and excitement due to complexities involved in interpretation of the statute and relevant rules. But to be honest, complexity is what keeps you on your toes and makes you a better professional as the need to learn and evolve constantly is permanent in this profession.
In your current role as Partner (Litigation) at AKS Partners, what are some of the significant trends or changes in arbitration and litigation that you’ve observed, and how do you see the field evolving in the next few years?
This is my first stint in a law firm so transitioning from an independent practitioner to a partner has been an interesting experience. I am thankful to my Managing Partner Mr. Sonal Kumar Singh for reposing his faith in me and for his constant help and guidance. This has been an extremely important learning curve in my professional journey.
Now to answer your specific question, commercial suits and arbitration have taken precedence over traditional civil litigation since they offer quicker resolution for commercial clients. With the recent amendments in both Commercial Courts Act and Arbitration & Conciliation Act, the lawmakers of the Country have tried to resolve some of the procedural aspects which were causing delays in the trial thereby making the process faster and more efficient.
One of the main reasons for me to join the firm was to gain more relevant experience in International Commercial Arbitration for myself and to enhance the ‘white collar crime’ practice of the firm. AKS Partners is renowned for its expansive arbitration practice and in recent years Government is also focusing on making India a major hub for conducting International Arbitrations. I see a tectonic shift in the Arbitration landscape of the Country in the near future with establishment of major Arbitration Centres like Delhi International Arbitration Centre as well as establishment of Arbitration Bar of India.
Finally, what advice would you give to fresh law graduates who are just starting their careers and aspiring to achieve success in the diverse areas of law that you have mastered?
Try to do as many internships as possible in order to gain experience in all fields of law whether it is corporate or litigation as that will help you in deciding which field attracts you the most. Clarity on this aspect is crucial for your growth as your initial years of training will determine your future in your chosen field of law.
If litigation is your chosen path, then be patient during the initial years. Don’t chase money but try to gain as much experience as you can during your initial years into the profession. Try gaining maximum exposure in trial courts for at least 3-4 years as that is where you will learn the procedural aspects of litigation including the art of cross examination of witnesses which I believe is imperative for any litigation lawyer. To all young professionals my most important advice will be to be thorough with the Evidence Act as that is the bread and butter for any litigation lawyer.
Finally, don’t be afraid of making mistakes as they will be your greatest teachers in your professional journey. Be faithful to your craft and never compromise on your ethics and professionalism.
As a first-generation lawyer, what motivated you to choose law as your career path? Were there any particular mentors or figures who played a significant role in guiding and supporting you on your journey to success?
When I was in School, particularly in Std. VI, we were taught about three pillars of Democracy. Thus from there I had an idea that when someone has the Law degree, then only he can touch all the three pillars like, Executive, Judiciary and Legislative.
Secondly I had an opportunity to interact with Hon’ble Justice Rangnath Mishra, The Former Chief Justice of India and Member of Rajya-Sabha. He had visited our School namely Sri. Aurobindo School of New Thought, at Cuttack as the Chief Guest. That time he was the Member of Rajya Sabha. I had the honour of receiving the Best Student of the School award from him and hence could share a few minutes with him in the office of the Principal. Seeing his profile I felt that I would definitely study Law.
Then when I completed my +2 Science, I joined 5-years B.A. LL.B (H) Course in Madhusudan Law College (Now Madhusudan Law University) as I used to read about said Institution in News Paper. Of course I was / am also impacted with the Life of the Great Hero of Odisha Late Madhu Sudan Das, popularly known as Utkal Gaurav Madhu barrister.
To answer the second part of the question, I humbly believe that I am yet to achieve Success. It is because, I think Success is the journey and not the destination. Every day I feel that a lot to be done and people who we idolise also have the same hour of work maximum up to 24 hours a day but they are doing so much. So I always wonder about learning and I humbly think that continuous learning is the only option we have.
It is also a fact that many seniors and teachers have contributed to my professional career to have been shaped. I am always obliged for their contribution.
Considering your extensive experience and successful practice in various courts, did you ever contemplate joining a law firm, or was independent practice always your preferred path? If so, what factors influenced your decision to pursue an independent practice from the outset of your career?
Honestly I have never thought of joining a Law Firm or for that matter having my practice in such a design. There is no specific reason as such.
Maybe in the state of Odisha there is no such environment or such style of practice. We may not find many Law Firms in Odisha.
If I think a little more I would like to state that, I had the humble opportunity to have been engaged by a few Law Firms in some cases in Odisha. Then I had developed a good rapport with the firms so probably could not think of joining a firm for my practice.
To the second part of the question, My Senior Mr. Aswini Kumar Mishra was always stating that the day you join the bar, you should always feel like an independent practitioner and develop yourself like that. That gives you a sense of responsibility and you become more and more responsible. Thus I have always been inclined towards Independent Practice.
My idea of Independent Practice is not just having an Independent Office, Independent practice starts from the point when start doing a case or dealing with a client independently winning his confidence till the end of the litigation. That can also be done when you are working with a senior.
You have authored and published a law book and are working on several other compilations. What drives you to write, and how do you think your publications contribute to the legal field?
I humbly believe that the Law Students, Lawyers and each one of us are like a ship in the ocean of Legal profession. In order to reach the destination or the port, the ship requires a strong radar. The more effective the radar, it will be easier to reach at the destination.
Therefore writing articles, research papers, books, compilations are like a radar for the individual professional or student. You stand out and make a different identity for yourself in the fraternity.
Secondly it is also helpful for legal research and helping people learn the Law.
For example many judges are known and remembered for their books may not be for the judgements. Many exceptional lawyers who are stalwarts in Law are remembered for their erudite books not just for the arguments advanced in the courtRoom.
Lastly, writing and researching keeps growing and we never feel complacent.
More than eight of your juniors are now in independent practice. What do you think are the key qualities or skills that you have imparted to them that have contributed to their success?
स तु दीर्घकालनैरन्तर्यसत्कारासेवितो दृढभूमि :
sa tu dīrgha kāla nairantarya satkārā ‘‘sevito dṛḍhabhūmiḥ
This is the famous sutra from Paranjalai Yoga Sutra which defines “PRACTICE”.
It says
“ sa tu dīrgha kāla” Which means For a Longer Period
“Nairantarya” which means Without any break/interruption
“satkārā ‘‘sevito” which means With Honour and Respect.
Further Honour and respect means – Giving 100% in what you do at a given point of time.
That is Practice.
What we all try to do is to continuously be in the learning process, without any break and with honour and respect.
On the other hand I always tell my associates that People come to Lawyers and Doctors when they are in trouble.
So we need to be careful and empathetic towards their problems. For some persons, Magistrate’s Court or The District Courts are the last hope. They do not know the High Court or Supreme Court. They cannot afford to reach also.(Although we have Legal Aid)
So we need to be extra cautious in our professional work and try to be honest and deliver the service .
Lastly My associates are trained with a particular line which is “We will not say what sounds good, we will tell what is Good and more particularly what is good for the Client and his case”.
This helps us in winning the confidence of clients. They remain with us for all time to come.
One more thing we always try to do is SWOT analysis. i.e. Strength, Weakness, Opportunities and Threats. (I believe there is no Threats.It can be replaced with “Challenges”).
You conduct “Pro Bono” cases. Can you discuss the importance of pro bono work in the legal profession and share any memorable experiences from your pro bono cases?
Pro bono cases are like repaying the unseen debt that we have received from the society. When we were studying Law or any other course in school or colleges, the amount of financials/money involved and spent by the institutions are much higher than that of the fees we paid to the said institution. Therefore the extra amount which the institution has spent for us is taken from the society. Hence when we start earning from the formal education received from that educational institution it becomes our obligation to put our efforts to repay the debt that we have received from the society by doing some good work. And pro bono cases can be one of these small steps towards the repayment of unseen debt.
On the other hand receiving remuneration from the cases is like “LAXMI”. When people receive money by false promise and illegal manner that is like “AA-LAXMI”. When professional help the needy people honestly and receive blessings as may be little amount that is like “MAHA-LAXMI”
LAXMI- Comes and Goes, it’s the Most Dynamic.
AA-LAXMI- Come in abundance and definitely will go making everything Empty or will Attract negativity.
MAHA-LAXMI- may come slowly but will always remain with you and it will grow not just in terms of Money and objects but also in terms of good will as well as blessings.
Reflecting on your legal career, what have been some of the biggest challenges you’ve faced, and how have you overcome them? Additionally, could you share your future goals and aspirations for your legal practice and your contributions to the legal community?
The biggest challenge has been the resources such as the library and recognition in the bar as a good lawyer. When you argue well then automatically people assume that you must be the second generation lawyer and the son/daughter of some senior advocate or judge. Secondly, when you compare your counterparts, your friends from school and colleges who are working in other sectors and also in law forms, the remuneration that they receive is much higher than what you get in litigation. In a middle class family that too when you have nobody in the profession there is a constant pressure for joining services like judiciary, law clerk or teaching. Of course teaching was my second preference and I have been teaching till date also. But primarily I would say there has been no such big challenge but the challenges are the opportunities to learn to make yourself a better person and a better professional.
As far as overcoming the challenges are concerned the only thing which I strongly believe that helps is continuous learning, dedicated work, ignoring the negative thoughts and ideas as well as negative factors of course by recognising it properly.
It is said “Jag Mein jiye to kaise jiye… jaise JAL Mein Kamal ka phool khile”
It means like a Lotus that blooms in water, but its roots are in mud. When you take it out, it is unaffected by the water or by the mud.
Thus I strongly feel that we should not be affected by the difficult times and negativity. Rather we should be focusing on the work.
We’ve heard that your office warmly welcomes students for learning opportunities. Could you tell us more about your internship program? How can students connect with you for internships, and what specific skills or qualities do you look for when considering interns for opportunities in your office?
As I said in the above question, internship programs are like fixing your ladder and finding out the place where you can think of a career in your future. Students should be open in learning from various organisations not just the legal aspect but also the functional and organizational structure of the institutions where they are Interning.
I remember when I was in law College, at that time we noticed that there were neither internships programmes nor any organization used to allow law students to join as an intern in their organization.
I along with one of my friends had to work hard and by requesting the then chairperson of Human Rights Commission, Women Commission, and other organizations like NABARD, companies like NALCO, we introduced internships program in their work schedule.
Now we see that the students are highly benefited with such internships programs in those organizations.
In so far as working as an intern in our office is concerned the only criteria that we look for is the interest of the student. If somebody is interested and has an honest urge to learn, we would love to make him or her a part of our office.
One thing I always tell that once somebody is interning with us, we make sure that he or she becomes a part of our family and we would always stand for the student and the student should feel that he himself is a part of the team so that he would never feel that he has nobody to guide or no scope to learn or he has just worked for a month or two only for a certificate.
Managing a diverse legal practice, teaching, and engaging in spiritual activities must be demanding. How do you maintain a balance between your professional and personal life?
As I have mentioned above that everyone has 24 hours, accordingly we need to schedule and balance our work. Legal practice is the profession, teaching is the passion and spiritual activity is a way of life which does not require a specific time; rather it is an inherent, unseen as well as coexisting factor which remains always with you in whatever and whichever position you are. I believe everyone is connected to spirituality somewhere or the other. Therefore for spiritual practice no specific time is required or you need not think that it is going to take a lot of time from the day to day activities.
You’ve mentioned your interest in researching Indian Knowledge Systems. Could you share with us how you integrate insights from Indian Knowledge Systems into your legal practice, and how does this unique perspective enhance your approach to legal issues?
I have participated in a course conducted by Sri Sri University, Cuttack, designed by Prof. Dr. Richa Chopra, working in IIT Kharagpur, namely “Human Development and Psychology Vedic and Modern Perspective”. The said course is like a bouquet of knowledge and helps in introspecting and knowing the impact and impressions on human life of various factors such as art, science, music, astrology, mathematics, chemistry, ayurveda, embryology, social life, family life etc. The course helps in knowing “why I am the way I am”. From there I could gather that there is a lot to be learnt beyond the parameters of the syllabus.
Further reading of various texts and more particularly after introduction of National Education Policy, I believe that every subject which we study in the institution as a part of the syllabus is connected to the Indian knowledge system and has its source from the Indian knowledge system.
If we study that and try to connect with the same, then it might not be so helpful in academics but it will definitely enlarge the ideas thoughts as well as define the views on that particular subject.
Directly a professional may not get some tangible benefits from the study of the Indian knowledge system but I believe that in a long run it would be definitely beneficial.
Can you share a pivotal moment or experience from your early career that solidified your decision to pursue law as a profession?
My grandfather was a significant influence on my career path! He was a Prothonotary and Senior Master in the Bombay High Court. On summer vacations when I used to visit his place, he used to tell me how his day at work was like. Just seeing him get all decked up in crisp formals and a coat with his suitcase ready to go to work is what inspired me to pursue law. The discipline in life which comes along with it is just an icing on the cake.
You’ve had an extensive journey through various law firms and corporate positions. What motivated you to transition from law firms to corporate roles, and how did each experience shape your expertise?
Transitioning from law firms to corporate roles was motivated by a desire for a different perspective and new challenges in my career journey. Each experience has played a significant role in shaping my expertise in different ways. Starting in law firms provided me with a strong foundation in legal practice. In this environment, I honed essential skills such as legal research, writing, and advocacy. Working on diverse cases and projects allowed me to develop a broad understanding of various areas of law and learn to navigate complex legal issues efficiently. Additionally, collaborating with experienced attorneys and receiving mentorship helped me refine my approach to legal analysis and client representation. Also, as it is necessary to have a strong foundation before constructing a building, I always believed the law firm experience provides with that strong foundation and basics at the starting point of your career.
Transitioning to corporate roles offered a unique vantage point to apply my legal skills in a different context. In a corporate setting, I gained insights into the business side of legal matters, including contract negotiation, regulatory compliance, and risk management. Working closely with internal stakeholders, such as executives, department heads, and cross-functional teams, enhanced my ability to align legal strategies with organizational goals and priorities. Moreover, navigating corporate environments provided me with valuable experience in understanding the interplay between legal considerations and business objectives, fostering a more holistic approach to problem-solving.
Each experience, whether in law firms or corporate settings, has contributed to my growth as a legal professional.
With your background in handling litigation matters across different forums, could you highlight a particularly challenging case you managed and the strategies you employed to navigate it successfully?
I strongly believe that each case has its own complexities and challenges, and it cannot really be segregated to the most and the least challenging. However, one case which stands out particularly is an international arbitration before the Swiss Arbitration Centre. I chose this one not because of the complexities involved (though it was extremely complex) but considering that it was my first international arbitration involving a completely different process altogether. I had to collaborate with a top tier law firm of Geneva for assistance and working with their team was itself very challenging and at the same time a big learning experience. To navigate this case successfully, several key strategies were employed:
The first step was conducting a comprehensive analysis of the facts, contracts, and applicable law. This involved reviewing extensive documentation, including contracts, emails, financial records, and other evidence, to gain a deep understanding of the case’s nuances and intricacies.
Based on the analysis, a strategic litigation plan was devised to address the various legal and factual issues effectively. This plan involved identifying strengths and weaknesses in our position, anticipating opposing arguments, and formulating proactive strategies to mitigate risks and maximize favorable outcomes.
Diligent Discovery: Given the complexity of the case, diligent discovery was crucial. This involved conducting thorough investigations, propounding targeted discovery requests, and strategically responding to discovery demands from opposing parties. Leveraging electronic discovery tools and expert assistance facilitated the efficient management of voluminous documents and data.
Collaborative Approach: Collaboration with colleagues, experts, and clients played a pivotal role in the successful management of the case. Regular communication, teamwork, and coordination ensured that everyone involved was aligned with the litigation strategy and working towards common goals.
I will always remember this case as I got the opportunity to work with one of the best law firms in Geneva and in the process gained sight of their working ways and culture and made some lifelong contacts.
Your experience spans across diverse legal domains such as civil laws, corporate laws, real estate, and arbitration. How do you manage to stay updated and proficient in such a wide array of legal areas?
Staying updated and proficient across diverse legal domains requires a combination of ongoing learning, strategic focus, and effective resource management. My senior always used to tell me that ‘Reading’ is the key and that it is never enough and one has to keep reading more and more. This has stuck with me ever since and I make sure to take time to do that. It does not specifically mean that one has to read Law books and commentaries. A simple novel, newspaper, articles are enough. I prefer to categorize the reading process in the following manner.
I prioritize continuous learning through various channels, including legal seminars, webinars, workshops, and professional development courses. These opportunities allow me to stay abreast of legal developments, emerging trends, and best practices across different practice areas.
I dedicate time to conducting legal research regularly to stay informed about recent case law, statutory changes, and regulatory updates relevant to each legal domain. Leveraging online legal databases, scholarly journals, and reputable legal publications helps me access timely and accurate information.
Engaging with colleagues, mentors, and legal professionals across different practice areas fosters knowledge sharing and collaboration. Participating in professional associations, bar committees, and industry forums provides valuable insights and perspectives from peers and experts in various legal fields.
Embracing technology tools and resources, such as legal research platforms, case management software, and artificial intelligence applications, streamlines workflows and facilitates efficient information retrieval in diverse legal areas.
Seeking guidance from experienced mentors and senior colleagues provides invaluable support and guidance in navigating complex legal issues and expanding expertise across different practice areas.
As someone who has held leadership positions, including leading teams and managing departments, what strategies do you employ to foster effective teamwork and collaboration within legal environments?
The teamwork and collaboration should not be restricted only within the legal team. The key in a corporate setting is to be a business enabler rather than just finding legal solutions to the problem. The first and foremost thing I tell the team is that working in the corporate sector is completely different from that of a law firm (from experience!) and the objective is to find a solution which is viable for the business and one which does not put the company exposed to any potential liability or conflict. I make sure to set up weekly catch-up calls with the business leaders and stakeholders just to discuss casual business and their expectations from the legal team. Likewise, acknowledging and celebrating team achievements (legal and business), both big and small and seeing failures as opportunities for learning and improvement help in the long run.
In your role as a legal professional, you’ve undoubtedly encountered complex contract negotiations. Can you share some insights into your approach to negotiating contracts and ensuring favorable outcomes for your organization?
Absolutely! Negotiating contracts can be intricate and demanding, requiring a blend of legal expertise, strategic thinking, and effective communication skills. Before entering into negotiations, conducting comprehensive research and analysis to fully understand the terms, conditions, and potential implications of the contract is important. This includes reviewing relevant laws and regulations, understanding industry standards, and gathering information about the other party’s preferences and priorities. Working closely with stakeholders to understand their objectives is equally important. Clear and concise communication is essential throughout the negotiation process. Effective communication helps build understanding and facilitates productive dialogue.
Given your involvement in Mergers and Acquisitions, could you discuss some of the key legal challenges you’ve faced in such transactions and how you navigated them to ensure compliance and success?
Certainly! Mergers and acquisitions (M&A) transactions present a plethora of legal challenges, ranging from regulatory compliance to contractual issues. Here are some key legal challenges I’ve encountered in M&A transactions, along with strategies for navigating them to ensure compliance and success:
Regulatory Compliance: One of the foremost challenges in M&A transactions is navigating the complex web of regulatory requirements and obtaining necessary approvals from regulatory authorities. This includes antitrust regulations, securities laws, foreign investment regulations, and industry-specific regulations.
Contractual Issues: M&A transactions involve negotiating and drafting numerous contracts and agreements, including purchase agreements, shareholder agreements, and employment contracts. Ensuring that these contracts accurately reflect the parties’ intentions, protect their respective interests, and comply with legal requirements is critical.
Intellectual Property (IP) Issues: IP considerations are often paramount in M&A transactions, particularly in technology-driven industries. Identifying and assessing the target company’s IP assets, including patents, trademarks, copyrights, and trade secrets, is crucial to evaluating the transaction’s value and mitigating risks.
Employment and Labor Law: M&A transactions can have significant implications for employees, including potential changes in employment terms, benefits, and job security. Ensuring compliance with employment and labor laws, including regulations governing layoffs, severance pay, and employee benefits, is essential to minimizing legal risks and maintaining positive employee relations.
Data Privacy and Security: In an increasingly digital world, data privacy and security considerations are critical in M&A transactions, particularly when handling sensitive personal or proprietary information. Ensuring compliance with data protection laws and regulations, such as the GDPR and CCPA, is essential to protecting both parties’ interests and mitigating potential legal and reputational risks.
By proactively addressing these and other legal challenges in M&A transactions, I aim to facilitate smooth and successful transactions that create value for all stakeholders involved while minimizing legal risks and ensuring compliance with applicable laws and regulations.
Drawing from your extensive experience, what advice would you offer to fresh law graduates stepping into the field today, especially regarding career growth and navigating the complexities of the legal profession?
For fresh law graduates entering the legal profession, here are some key pieces of advice to consider as you embark on your career journey:
Continuous Learning and Skill Development: The legal profession is constantly evolving, so it’s essential to prioritize continuous learning and skill development throughout your career. Stay updated on legal developments, industry trends, and emerging areas of law through ongoing education, professional development programs, and networking opportunities.
Seek Mentorship and Guidance: Find mentors within the legal profession who can offer guidance, support, and advice as you navigate the complexities of your career. Mentors can provide valuable insights, help you develop professionally, and offer perspective based on their own experiences in the field.
Embrace Technology and Innovation: Embrace technology and innovation as valuable tools for enhancing your legal practice. Stay abreast of advancements in legal technology, such as case management software, research tools, and e-discovery platforms, and leverage them to streamline your work processes, improve efficiency, and deliver greater value to your clients.
Cultivate Professionalism and Integrity: Uphold the highest standards of professionalism and integrity in all aspects of your legal practice. Adhere to ethical guidelines and codes of conduct, maintain confidentiality, and always act in the best interests of your clients while upholding the rule of law.
Develop a Strong Work Ethic and Resilience: The legal profession can be demanding and challenging, requiring perseverance, resilience, and a strong work ethic. Be prepared to put in the time and effort necessary to excel in your career, and don’t be deterred by setbacks or obstacles along the way.
Stay Flexible and Adapt to Change: The legal profession is dynamic and constantly evolving, so be prepared to adapt to change and embrace new opportunities as they arise. Stay flexible in your career trajectory, be open to new experiences and challenges, and seize opportunities for growth and advancement along the way.
You’ve had an impressive journey from graduating at Symbiosis Law School to becoming a Founding Partner at TSM Legal. Could you share some insights into how you started your career and the pivotal moments that led you to where you are today?
I graduated in the year 2013 and that was the start of learning and understanding how business and legal go hand in hand to scale up an organization. I started working as a Legal Officer at Jyothy Labs. Like any fresh graduate out of college, I was very enthusiastic to start a job at such a well-known FMCG Manufacturing company. As a Legal Officer, I worked on several legal areas such as commercial contracts, intellectual property rights, employment laws and compliance. It was a great learning experience.
Even today, I still remember and keep in mind the things I learned while working at Jyothy Labs. The General Counsel at my time at JLL is still my mentor and I look up to him for guidance and solutions. Jyothy Labs is the place where I learned that maintaining long-lasting relationships with people is the most important thing, business and money are dynamic.
This was my main focus when I started TSM Legal in 2018; to help people forge stronger organizations, build relations, and grow together. Working as an in-house counsel, and then, consequently, in a law firm, helped me understand the gap in the industry. Start-ups and many other companies do not have their own legal teams and it is a challenge for them to avail quality yet affordable legal services. On the other hand many law firms are unable to act as an in-house counsel for a business without the necessary business background. TSM Legal was thus started with the mission to bridge this gap, where we provide affordable solutions being your “external in-house counsel” based on our seamless blend of legal and business knowledge.
Could you highlight some key learnings from your previous roles at companies like Tech Mahindra Limited and Legalogic Consulting that have significantly influenced your perspective as a legal professional?
My next job after Jyothy Labs was at LegaLogic Consulting in Pune. This was my first job as an external counsel at a law firm. For me, working in a company as an in-house counsel and working at a law firm are two sides of the same coin; the coin here being legal knowledge and an in-depth understanding of the business that you are supporting. However, just like two sides have different perspectives, I feel that the same is reflected in these two roles. Working at Legalogic was, perhaps, one of the most significant decisions of my life. I got to experience how a law firm functions, how roles are divided, and of course, not to forget, the urgent TATs! Nevertheless, I learned to work efficiently, quickly and manage timelines for different clients across time zones simultaneously, which is a very important trait for any external lawyer.
After working at LegaLogic for 2 years, I knew it was time to transition back to an in-house role, which is how I joined as a Legal Counsel at Tech Mahindra. Tech Mahindra was definitely a step up in my career and working here is an experience of a lifetime. I got the experience of working on high value deals across geographies. Working in a conglomerate, you have to understand the many facades of how a company is run. For me, this is where I learnt how to manage business expectations, facilitate a dialogue amongst all stakeholders (Because, trust me, there are a lot), and provide quick legal solutions to not hamper the revenue generation.
Given your extensive experience in dealing with marquee companies in sectors like information technology, e-commerce, and fintech, could you share some unique challenges you’ve encountered and how you navigated through them?
Running a law firm has been an incredible journey filled with unique challenges and marquee rewarding experiences. One of the toughest hurdles I encountered when I started TSM Legal was acquiring and retaining clients. Of course, I did have the support of some incredible people, and of course my family’s constant motivation.
By working with all kinds of clients- whether solo entrepreneurs, SMEs or MNCs and prioritizing quick and seamless closures of documents, I kept growing my network which expanded the trusted client base of the firm.
Another hurdle I encountered was making business owners/company management understand the importance of the legal function. It is said that ‘Legal is an Obstacle’, but that’s definitely not the case. This is arguably one of the most substantial aspects that will make or break a business. The firm tries to provide a suitable solution but not everyone is ready to take on the essential legal aspects that will protect their business in the long run. Hence, we need to ensure that all organizations and their owners understand the evident need of legal consultation to secure their interests.
Moreover, maintaining a harmonious work-life balance has emerged as a continuous challenge, while being the mother of a toddler at one hand as well as meeting the demands of a growing law practice and building a solid team. Despite these challenges, the journey of building and growing my law firm has been incredibly fulfilling, and I’m abundantly grateful each day for the lessons learnt along the way.
After completing your law degree, your first job was with Jyothy Laboratories. How did you decide that you wanted to pursue an in-house role, and what advice would you give to new entrants on choosing their career paths?
An in-house lawyer is multi-faceted and gets to experience and practice many areas of law without being limited to any one specialization. Specialization of course is important, but I believe diversification and learning about different practice areas is equally, if not more important, at the start of your career. This helps to understand in depth what skills are required to be a great lawyer (which I have covered in detail in the last question). As a fresher I got to understand how a big company/business operates, the ins and outs of finance, sales, marketing, compliances and what is expected from the legal team of the Company. As an in-house lawyer you are expected to facilitate quick closure of contracts to enable revenue generation, facilitate compliances and internal audits, while also ensuring that the Company’s legal rights are protected at every step.
In your opinion, what are the most significant legal challenges facing startups today, and how do you tailor your services to help them overcome these hurdles?
Startups today face a myriad of legal challenges that require tailored solutions for success. From safeguarding intellectual property to navigating complex regulatory landscapes, legal service providers play a critical role in helping startups overcome these hurdles. One of the initial challenges that Start-ups may face is ensuring that they enter into robust founding documents. Partnership agreements, founder’s agreements, shareholders’ agreements and such are crucial legal frameworks that define the foundation of any organization. Lack of such documents can create crucial problems in the future, at the time of funding or IPO. Another important aspect that the start-up owners fail to recognize is the presence of strong employment documents. These documents protect the intellectual property, client confidential information and ensure the employees and consultants of an organization adhere to their obligations.
By offering specialized expertise in areas such as intellectual property, employment laws, regulatory compliance, and contract negotiation, TSM LEGAL guides startups and even established companies through the intricacies of aggressively protecting their ventures. Additionally, providing startup-friendly pricing models, educational resources, regular newsletters and strategic business-friendly advice enables TSM LEGAL to support startups at every stage of their journey. By offering customized legal solutions and strategic guidance, we empower startups to navigate legal complexities effectively, mitigate risks, and achieve their business objectives while remaining compliant with applicable laws and regulations.
What role do you think corporate social responsibility (CSR) should play in the legal strategies of companies today, and how do you incorporate CSR considerations into your advisory work?
Incorporating corporate social responsibility (CSR) into the legal strategies of companies today is imperative for several compelling reasons. Firstly, CSR initiatives play a pivotal role in enhancing a company’s reputation and brand image by showcasing its dedication to ethical business practices, social causes, and environmental sustainability. This fosters increased customer loyalty, heightened employee engagement, and augmented investor confidence. Secondly, integrating CSR into legal strategies aids in risk management by mitigating the potential hazards associated with non-compliance with social, environmental, and ethical standards. Proactive engagement in CSR endeavors can minimize the likelihood of legal disputes, regulatory scrutiny, and reputational damage.
Moreover, addressing stakeholder expectations is crucial, as customers, employees, investors, and communities increasingly anticipate companies to address social and environmental issues beyond profit generation. Lastly, prioritizing CSR can confer a competitive advantage in the marketplace by differentiating companies from competitors, attracting top talent, and accessing new markets. Thus, integrating CSR into legal strategies not only enhances a company’s competitive positioning and market value but also promotes social progress and environmental stewardship. This integration involves various key approaches, including legal compliance and risk assessment, policy development and implementation, stakeholder engagement and collaboration, due diligence and supply chain management, etc. By embracing these approaches, companies can demonstrate their commitment to responsible business practices, elevate their reputation, and contribute meaningfully to sustainable development.
Outside of your legal career, what personal hobbies or interests do you pursue, and how do they contribute to your professional life?
I am really fond of reading- both fiction and non-fiction books. It really helps me expand my thinking capabilities, thereby making me more knowledgeable and confident. Apart from reading, I am a budding artist and have taken up Acrylic painting on canvas since the last 3 years. I am in the process of exploring new painting mediums as well. Painting provides me with the much needed break and peace of mind from work. It is like meditation for me, from the complexities of corporate work, just thinking about the colors and how they blend beautifully on the canvas to create a distinctive piece of art. Lastly, I love swimming as it gives me the stamina and discipline to juggle the various aspects of my life with precision- being a corporate lawyer and entrepreneur working odd hours to support my clients across geographies.
My hobbies of reading, painting, and swimming contribute to my professional life by promoting stress management, enhancing creativity and problem-solving skills, improving communication abilities, maintaining physical health, and fostering work-life balance.
Reflecting on your journey thus far, what valuable lessons or insights would you share with aspiring lawyers or entrepreneurs looking to make their mark in the legal industry?
I believe the most important lesson for any aspiring lawyer or entrepreneur is self-belief and the fait that you can move mountains. Trust yourself the most and have the resilience and faith to shape your career based on your ambitions.
Develop Strong Communication Skills: Effective communication is fundamental to success in law. Aspiring lawyers should focus on honing their written and oral communication skills, including clarity, persuasiveness, and the ability to tailor their message to different audiences.
Cultivate Critical Thinking and Analytical Skills: Law involves analyzing complex issues, identifying relevant facts, and applying legal principles to reach sound conclusions. Aspiring lawyers should practice critical thinking and analytical reasoning through activities like solving legal problems, engaging in debates, and reading case law.
Develop Resilience and Adaptability: Legal practice can be challenging and unpredictable. Aspiring lawyers and entrepreneurs should cultivate resilience and adaptability to navigate setbacks, failures, and changes in circumstances. Developing a growth mindset and the ability to learn from setbacks is essential for long-term success in the legal profession.
Develop Time Management and Organizational Skills: Legal practice often involves managing multiple tasks, deadlines, and priorities. Aspiring lawyers should develop effective time management and organizational skills to stay on top of their workload, meet deadlines, and maintain a healthy work-life balance.
Cultivate Empathy and Interpersonal Skills: The ability to understand and empathize with clients, colleagues, and adversaries is crucial in the legal profession. Lawyers should cultivate strong interpersonal skills, including active listening, empathy, and conflict resolution, to build rapport, negotiate effectively, and resolve disputes.
Stay True to Your Values and Passions: Finally, aspiring lawyers should pursue a legal career that aligns with their values, interests, and passions. Choosing a practice area that resonates with them and allows them to make a positive impact can lead to greater fulfillment and success in their legal careers.
By embracing these lessons, aspiring lawyers can lay a solid foundation for a successful and fulfilling career in the legal profession.
Can you share with us how you initially became interested in pursuing a career in law, particularly in the field of Intellectual Property?
My inclination towards pursuing a career in law, particularly in Intellectual Property (IP) law developed through a combination of academic exposure, personal interests, and professional experiences.
During my academic journey, while studying Intellectual Property Rights (IPR) as a subject, I was always fascinated by how innovation and creativity drive progress in various fields, and I became particularly interested in how these creations could be protected and leveraged legally.
Moreover, my internship provided invaluable real-world exposure to IP issues. Engaging directly with trademark and copyright matters during this period not only equipped me with practical skills but also deepened my comprehension of the nuances of IP law.
In essence, my foray into IP law has been shaped by a trifecta of academic intrigue, hands-on experience, and a personal ardour for innovation and creativity. IP law uniquely amalgamates these passions, offering a vibrant avenue to contribute meaningfully to diverse industries by ensuring rightful recognition and protection for creators and inventors.
What were some of the pivotal moments or experiences during your early career that solidified your passion for Intellectual Property law?
Having a good mentor during the nascent stage of one’s career is imperative, and I consider myself incredibly fortunate to have had one. I was grateful to have a brilliant mentor early on in my career, Mr. Vikrant Rana, whose guidance was instrumental in shaping my career path and deepening my passion for Intellectual Property law.
Early on, I was entrusted with significant responsibilities, such as managing client portfolios and participating in strategic meetings. These experiences not only built my confidence but also reinforced my commitment to this field.
Moreover, I actively participated in various international conferences, including INTA, AIPPI, and APPA, and served as a committee member for INTA in 2019 and the present term. These conferences provided me with the opportunity to interact with industry experts and brilliant legal minds from across the globe. Engaging with the broader IP community during these events expanded my horizons and ignited my enthusiasm for making meaningful contributions to the field.
You’ve worked with a diverse range of clients over the past decade. Could you highlight some of the most challenging cases you’ve worked on and how you navigated them?
Over the past decade, I’ve had the privilege of working with a diverse range of clients in various industries. This experience has exposed me to several challenging cases that required innovative thinking and strategic problem-solving.
One particularly gratifying experience involved facilitating the seamless entry of a Fortune 500 company into the Indian market. This process was comprehensive and multifaceted, requiring meticulous due diligence to ensure a successful outcome. We began by conducting thorough market research to identify any potential conflicts with existing trademarks. This involved analyzing market trends, studying consumer behaviour, and assessing the competitive landscape to ensure our client’s brand would stand out without causing confusion.
Central to this process was the meticulous avoidance of market confusion. Extensive trademark searches and evaluations were conducted to affirm the distinctiveness and legality of our client’s brand, thereby pre-empting any legal disputes that might arise from similarities with existing trademarks.
A significant hurdle we encountered was navigating potential obstacles, notably third-party marks that could hinder our client’s market entry. To address this, we devised a strategic buy-out plan. We approached the holders of these third-party marks and successfully negotiated buy-out agreements, effectively removing any legal barriers and ensuring a clear path for our client’s brand.
In another instance, I managed a trademark dispute for a pharmaceutical company. The challenge here was the potential market confusion due to the similarity of our client’s trademark with that of a competitor. To address this, we conducted extensive market research and gathered evidence to demonstrate the distinctiveness of our client’s brand. Also worked on negotiating a settlement that included coexistence agreements, allowing both parties to continue using their respective trademarks without consumer confusion. This not only resolved the dispute amicably but also preserved our client’s market position.
In each of these cases, the key to navigating the challenges was a combination of deep technical knowledge, strategic legal thinking, and effective communication. Collaborating closely with clients to understand their needs and goals, leveraging expert insights, and maintaining a proactive and solution-oriented approach were crucial to achieving successful outcomes.
Innovation and adaptability are crucial in the legal profession, especially in IP law. How do you stay ahead of the curve and ensure your strategies remain effective in a constantly evolving landscape?
Innovation and adaptability are indeed crucial in the legal profession, particularly in the field of Intellectual Property (IP) law. I focus on several key areas:
· Continuous Learning and Professional Development: Staying updated through conferences, webinars, advanced courses, and leading IP law journals.
· Technological Proficiency: Embracing technology is essential in modern legal practice. I utilize advanced legal research tools and databases to conduct thorough and efficient research.
· Networking and Collaboration: Engaging with IP professionals through associations and forums for knowledge sharing and best practices.
· Client-Centric Approach: Understanding clients’ industries and anticipating their needs to tailor strategies and mitigate risks.
· Emerging Trends: Keeping an eye on emerging trends is vital for staying ahead. For instance, with the rise of digital technologies and artificial intelligence, new IP challenges and opportunities are constantly arising. I invest time in understanding these technologies and their legal implications, ensuring that I can provide informed and forward-thinking advice to my clients.
· Interdisciplinary Knowledge: IP law often intersects with other fields such as technology, business, and international law. I strive to broaden my knowledge base by studying related disciplines. This interdisciplinary approach allows me to address complex IP issues more effectively and to develop comprehensive strategies that consider various legal and business factors.
· Strategic Thinking and Innovation: Lastly, I regularly brainstorm to develop creative solutions to challenging legal issues. I also conduct post-case reviews to identify areas for improvement and to refine strategies continuously.
Can you describe a particular success story where your IP strategy significantly benefited a client? What were the key factors that led to this success?
Recently, I was involved in a comprehensive worldwide due diligence for a client who was acquiring a company primarily based on its intellectual property (IP) assets. During this process, we uncovered a significant discrepancy – a large portion of the IP assets were found to be invalid, which had a profound impact on the agreed amount for the sale and purchase of these assets.
The key factors that led to this success were thoroughness and diligence in conducting the due diligence process. We left no stone unturned in scrutinizing the IP portfolio of the target company, ensuring a meticulous examination of trademarks, copyrights, and other relevant IP assets across multiple jurisdictions.
Additionally, effective communication with the client was crucial. We kept them informed at every stage of the due diligence, discussing findings promptly and transparently. This allowed the client to make well-informed decisions based on accurate information, mitigating potential risks and maximizing the value of their investment.
Furthermore, our ability to adapt and strategize in response to unexpected findings played a pivotal role. Upon discovering the invalidity of a significant portion of the IP assets, we swiftly reevaluated the deal terms and renegotiated the purchase price, ensuring our client was protected from potential financial liabilities.
This experience underscores the importance of conducting thorough due diligence in IP transactions. By meticulously assessing the quality and validity of IP assets, we were able to safeguard our client’s interests and ensure a successful outcome despite encountering unforeseen challenges.
As an innovative thinker and adept communicator, how do you approach complex legal issues to make them understandable for your clients?
As an innovative thinker and adept communicator, I use several key strategies to make complex legal issues understandable for my clients:
· Simplifying Legal Jargon: I break down legal terminology into plain, everyday language to ensure clear and straightforward explanations.
· Using Analogies and Examples: Employing relatable analogies and examples helps convey complex legal concepts in a more concrete and understandable manner.
· Tailored Communication: I adapt my communication style to fit each client’s background and expertise, offering more straightforward explanations for those with less legal knowledge and deeper details for those with a legal or technical background.
· Step-by-Step Explanations: I break down complex issues into manageable steps, walking clients through each phase of the legal process and clarifying the significance and implications of each step.
· Active Listening and Engagement: I actively listen to clients’ concerns and questions, engaging in two-way dialogue to address confusion and ensure clients feel heard and understood.
· Written Summaries and Follow-Ups: Providing written summaries of discussions and next steps reinforces understanding, and I encourage clients to review and ask follow-up questions to maintain clarity on progress.
By combining these strategies, I ensure my clients understand their legal issues, feel confident, and make informed decisions. This approach builds trust and fosters a collaborative, transparent attorney-client relationship.
You’ve held various positions, from Senior Associate to Associate Partner. How has your role evolved over the years, and what have been some of the key lessons you’ve learned along the way?
In my career journey, I’ve seen significant role changes, progressing from Senior Associate to Associate Partner. This progression has been marked by a continuous pursuit of growth and learning, fuelled by my inherent love for hustling and the perpetual fire in my belly to improve every day. One of the key lessons I’ve learned is the importance of adaptability. As I moved up the ranks, I encountered diverse challenges that demanded flexible approaches and innovative solutions. Embracing change and being open to new ideas became essential traits that helped me navigate through various professional landscapes. Another vital lesson has been the significance of effective communication and relationship-building. As I assumed more leadership responsibilities, I realized the critical role that clear communication plays in fostering collaboration and driving success. Building strong relationships, both internally and externally, became instrumental in achieving organizational objectives and delivering value to clients.
What advice would you give to fresh law graduates who are considering a specialization in Intellectual Property law?
Begin by building a strong foundation in Intellectual Property (IP) law and understanding relevant statutes and regulations. Engage in networking opportunities, such as attending seminars and joining professional associations, to gain insights and advance your career. Seek practical experience through internships with IP law firms to gain hands-on exposure to real cases and client interactions.
Lastly, stay curious and hungry in your learning journey, adapting to new technologies and trends to succeed in this dynamic and interdisciplinary field. By staying curious and continuously seeking opportunities to learn and grow, fresh law graduates can position themselves for success in this rewarding and intellectually stimulating area of law.
Reflecting on your journey from your early days, could you share what inspired you to pursue a career in law? Additionally, what were some of the challenges you encountered during your initial days in the legal profession, and how did you overcome them to carve your path to success?
Looking back, I can’t claim to have been an exceptional student in school or college. I couldn’t take my studies very seriously and often missed classes due to chronic asthma. My long absence from classes owing to my health conditions made it challenging to keep up with my studies. As I grew older and my health improved, my academic focus increased.
I pursued humanities instead of science because of my health issues, and my parents never pressured me academically. Despite my humanities background, I always wanted to pursue a professional course. In 2004, during school counseling, I was introduced to the idea of a career in law. The growing importance of corporate law and the growing diverse role of lawyers made this path even more appealing.
Around 2004 and 2005, the changing landscape in the Indian industry and the shift in macroeconomics globally led me to consider law as a career. Furthermore my personal experiences with family legal issues highlighted the need for proper legal guidance and the challenges faced by the common man. This motivated me to specialize in litigation.
Starting my legal practice was challenging since I came from a family with no lawyers. I realized I had to actively seek opportunities rather than wait for them. I conducted research online to begin my journey. I listed around 10 to 15 law firms in Kolkata to approach driven by my anxiety before our final exams. Coming from a state university and with no guidance in this filed, starting a career in litigation can be befuddling.
Alarmed by the situation, I realized it was time to take action. I started knocking on the doors of various law firms, forwarding my CV, and requesting internship opportunities. Among the 14 to 15 firms I approached, one offered me a full-time internship for a month or two in the year 2009.
I wanted to start with District courts since most litigations in India take place there. I took two months of training in the district courts of West Bengal. In August or September of 2009, I secured an internship at Victor Moses & Co. a reputed law firm in Kolkata, where I would eventually spend seven years and assist the Senior-Most Partner, Mr. D.N.Mitra, who had been a great force behind me always.
The initial challenge, as a first-generation lawyer, was turning the internship into a job opportunity. It’s crucial for young interns to understand that internships are the chance to demonstrate interest, perseverance, and resilience. During my internship, I sought out work, often staying until 7:30 or 8:00 PM, sometimes even later. It was about becoming an integral part of the firm and getting involved in important projects. This approach turned my internship into an opportunity to work in that Firm.
As by litigation practice commenced, one of the most initial challenges we encountered revolved around timing. We had to attend late night conferences for the next day matters which often started at 10 .00 PM at the night and went on till late. The absence of modern conveniences such as Uber or Ola, coupled with the lack of a family vehicle, rendered late-night commutes a formidable task. Nevertheless, confronting these adversities served to fortify our resolve. Presently, the advent of technology and the prevalence of virtual conferences (VC) have considerably alleviated such difficulties. In fact Virtual Platform has become the norm today for late night conferences, however, during our time, such luxuries were non-existent, thereby instilling within us a profound appreciation for industriousness.
Carrying physical copies of briefs, sometimes 10 to 12 volumes, and multiple books was another challenge. Nowadays, an iPad can hold all the necessary documents, but back then, it wasn’t an option. But I feel these experiences made us tougher and erased any fear of hard work. The challenges we faced then make current tasks seem easier by comparison.
Another advantage of those early days was building unique relationships with each counsel and their juniors and clerks in the chambers. Spending hours in a counsel’s chamber allowed us to learn closely from their unique styles of argument and advocacy. This exposure to various schools of advocacy became a foundational stone for later success. It helped in developing my own skillset and the methods that my firm now uses in litigation.
The initial grind in the litigation industry is a preparation phase that tests resilience and determination, which are essential for surviving in a dispute resolution profession. Once you pass through this phase, it becomes a journey of continual progress.
As a member of various prestigious institutions like the Confederation of Indian Industry (CII) and Indian Women Network (IWN), how do you think being part of such networks has influenced your professional growth and the growth of SC&A Legal?
As a lawyer and the founder of a law firm specializing in commercial litigation, staying updated on emerging policies, industry news, and trends is crucial. We must also understand new rules, regulations, and their economic rationale to guide our clients proactively. The Confederation of Indian Industry (CII) plays a significant role, offering a platform for lawyers to engage with key stakeholders across various industries. CII organizes events, conferences, and seminars, facilitating meaningful discussions with business leaders, policymakers, and fellow professionals, which fosters collaboration and knowledge exchange. Additionally, CII’s research reports and policy advocacy efforts keep us informed about emerging trends, regulatory developments, and business opportunities. This enables us to better serve our clients and stay ahead in a dynamic business environment. CII has significantly contributed to our professional growth, helped SCA expand its client base, and kept us updated on industry-specific challenges and opportunities.
Furthermore, the Indian Women Network (IWN) wing of the CII has been instrumental in connecting me with inspiring women leaders who make exceptional contributions across various industries. As an entrepreneur, facing isolation in your growth path is common, and during such times, support from a community of motivators and inspirers is invaluable. Under the leadership of Sujata Guin, Senior VP of Apeejay Surrendra Park Hotels Limited, and Smita Chatterjee, CEO of Centreax, IWN is reaching new heights and positively influencing many lives.
SC&A Legal specializes in dispute resolution. How does your firm differentiate itself in this competitive landscape, and what unique strategies do you employ to ensure client satisfaction?
SC&A Legal believes that the first step in serving our clients is identifying potential disputes because litigation does not begin in the courtroom. It starts in your office, from the moment the seeds of litigation are sown, such as when you enter into a contract, a commercial transaction, or a deal. As specialists in commercial litigation, SC&A Legal’s uniqueness lies in our strategic partnership with clients. We advise them at every step, helping to build their case even when they haven’t yet identified the disputes. Our expertise and leadership in the industry allow us to recognize the early signs of potential conflicts.
The sooner you identify potential disputes or causes of action, the easier and more effectively you can resolve them. We do not view litigation as an end in itself but as one of many strategies to resolve disputes. Whether through conventional litigation, mediation, or arbitration, our goal is also to give you a stronger bargaining position and achieve better settlements or deals in commercial matters which can be resolved without always burdening the Courts or waiting for the entire litigation span to be over.
At SC&A, we prioritize complete transparency in our strategies. From day one, we plan the end game with our clients, providing clear information about timelines and costs. Our primary aim is to deliver cost-effective and timely resolutions to our clients’ disputes.
With offices in Kolkata, Delhi, and Bhubaneswar, how do you ensure seamless coordination and communication among your team members across different locations, especially in the context of complex legal cases?
I would like to express my gratitude for the advancements in technology and the global acceptance of video conferencing and virtual platforms, especially after COVID. This shift has greatly facilitated seamless handling and coordination among our three offices. Whether dealing with courts, clients, or councils, everyone has become increasingly comfortable with virtual platforms.
We have conducted numerous arbitrations across various forums and cities in India and abroad using these platforms. Even arbitrators are now more open to holding witness sessions virtually. The litigation industry has experienced significant benefits from technological growth, allowing lawyers to manage multiple offices, litigations, and dispute resolution projects with ease and complete coordination.
With your involvement in the Incorporated Law Society of Kolkata, how do you contribute to aspiring lawyers’ legal education and professional development? Are there any initiatives or mentorship programs you’re particularly passionate about?
As a member of the Incorporated Law Society of Kolkata, I actively participate in various initiatives aimed at enhancing legal education and professional development for aspiring lawyers. This involvement not only contributes to the growth of the legal community but also fulfills my passion for encouraging new talents to join the fields of litigation and dispute resolution.
With your background in real estate and infrastructure law, how do you foresee the legal implications of future urban development projects, especially in the context of sustainable growth and environmental conservation?
Future urban development projects will likely face increased scrutiny and regulation concerning sustainability and environmental conservation. As awareness of climate change and environmental issues grows, there will be a stronger emphasis on integrating sustainable practices into urban planning and development.
From a legal perspective, this implies stricter compliance requirements related to environmental impact assessments, zoning regulations, land use planning, and building codes. Lawyers specializing in real estate and infrastructure law must stay updated on evolving environmental legislation and regulations to ensure their clients’ projects meet these standards.
Additionally, a greater focus will likely be on incorporating renewable energy sources, green building technologies, and eco-friendly design principles into urban development projects. Lawyers will play a crucial role in negotiating contracts, securing permits, and navigating regulatory frameworks to facilitate the implementation of sustainable practices.
Furthermore, legal challenges and disputes may arise from conflicts between development interests and environmental conservation efforts. Lawyers will need to provide strategic advice and advocacy to resolve these conflicts while balancing the need for economic development with environmental protection.
As a woman leader in the legal industry, how do you advocate for gender diversity and inclusion within your firm and the broader legal community? What strategies do you employ to ensure equal opportunities for all professionals regardless of gender?
As a leader, I firmly believe that actions speak louder than words. Therefore, we actively encourage our female associates and team members to assume pivotal roles within our firm. We strive to provide them with a flexible environment that allows them to maintain a balance between their professional responsibilities and personal lives, while also ensuring they remain motivated to look forward
Our female associates are remarkable advocates when it comes to representing our clients. We not only encourage them to engage in vigorous argumentation and advocacy before various competent forums, but they consistently deliver outstanding performances in these arenas.
In your experience, how does cultural diversity impact dispute resolution, especially in cases involving multinational clients? Could you share a memorable cross-cultural negotiation experience and the valuable insights gained from it?
Cultural diversity holds considerable sway over the course of dispute resolution, particularly in scenarios involving multinational clientele, as it inherently shapes communication dynamics, negotiation strategies, and conflict resolution methodologies. The comprehension and adept navigation of these cultural nuances stand as imperative prerequisites for achieving efficacious dispute resolution.
To surmount these cultural disparities and foster a fruitful negotiation environment, it is paramount to engage in the process with a blend of sensitivity and adaptability. Typically, in these cross-border negotiations, we invest the necessary time to grasp the cultural heritage, communication predilections, and underlying motivations of each involved party. Furthermore, we employ an array of techniques, including active listening, reframing issues through a culturally attuned lens, and seeking common ground, all aimed at cultivating trust and rapport amidst the negotiating factions.
Through the virtues of patience, empathy, and a readiness to tailor our negotiation methodologies to accommodate cultural variances, we have consistently achieved mutually beneficial resolutions that effectively address the interests and apprehensions of all involved parties.
With the demanding nature of your profession, how do you unwind and maintain a work-life balance? Could you share some of your favorite ways to relax and recharge outside of your legal endeavors?
As my years of experience have accumulated, I’ve come to appreciate the significance of practicing detachment in both personal and professional spheres as a means to fostering a balanced life. When engrossed in litigation or a project, dedicating undivided attention and focus is imperative. However, upon its conclusion, regardless of the outcome’s favorability, it’s essential to gracefully transition forward. Recognizing that life is an ongoing journey, we must refrain from being swept away by triumphs or dwelling on setbacks. Each new day presents fresh challenges to conquer.
Moreover, it’s crucial to incorporate periodic breaks, during which one can fully disconnect from professional obligations and engage in pursuits unrelated to work. This allows for the replenishment of energy and enthusiasm, enabling us to approach tasks with renewed vigor each time.
Given your journey from a young professional to founding SC&A Legal, what advice or key points would you share with students and young professionals who are just starting their careers in the legal field?
My first advice to every young law graduate would be to definitely garner experience in a dispute resolution law firm, as that will give you a deeper understanding of various streams of law and thus build a strong foundation for a lifetime. Secondly, never give up on yourself. The legal profession will also give you back your rewards; it’s just a matter of time. Have faith and patience; you will succeed.
As a first-generation lawyer, could you walk us through your journey? What was your motivation or inspiration for pursuing a career in law? Additionally, can you share some insights about your childhood and any experiences that shaped your path? What is something unique about you that our readers should know?
I think not only for a first-generation lawyer but for every lawyer the journey is very unique in itself. Every lawyer has their own trajectory, there is no competition. The only difference for a first-generation lawyer is the initial years where you build your reputation, where you make a conscious choice regarding your future. The profession no doubt demands a lot of sacrifice especially if you are practising independently. For me personally, discipline and hard work are the most important things. Lot of people advice me that I should build my contacts, my only answer to them is, my only contact is God, rest everyone I meet in the journey is a blessing.
My father in fact wanted me to become a lawyer, it was he who always encouraged me to start an independent practise. He always taught me that honesty and hard work never go in vain.
My childhood has played the most important role in shaping my path. I belong to a family of Army and Air Force Officers. The discipline that has been imbibed in me because of my background has stayed with me and discipline in any field takes you a long way. My mother who has been a homemaker has always stressed on the importance of being financially independent.
Unique I’m not sure but I have come to experience, if I take up a task I do not leave it mid way, I take it to it’s logical conclusion.
You have acquired your LL.M. in International Business and Commercial Law from the University of Manchester, but as we know, dispute resolution has always been your first love. How has this international LL.M. helped shape your legal perspective and approach to dispute resolution?
LL.M. from Manchester has given me immense exposure and on a lighter note, I can proudly say I have friends (who are lawyers) all around the world. That apart, the understanding of different cultures, the idea of seeing things through a wider lens definitely helps in litigation. Litigation is not just about the one case that you are doing, there can be various perspectives, you just have to see which one is best suited for your client.
Having studied and worked in the UK, what international legal trends do you think could be beneficially adopted in the Indian legal system and What changes or improvements would you like to see in legal education to better prepare future lawyers for the challenges of the profession?
Legal education should be more practical, industry oriented and should be focussed more on creating independent thinking.
How do you balance the varied demands of independent practice, being a founder of Curare Legal, and your past role as a Government Counsel? Please share some insights on challenges you faced since you started your firm.
Well I was a Govt. Counsel for about 4 years, I used to be quite overburdened with Govt. work, not leaving me with much time for private matters. Having said that, I thoroughly enjoyed my work as a Govt. counsel also, I got an opportunity to work with some of the brightest officers. It gave me an opportunity to look at things from a very different perspective. I think every independent practitioner at some point should work on some Government panel. Not to mention I was amazed to see the knowledge that the Section officers or dealing hand had about the matter. It was an amazing experience.
Independent practise only demands one thing, that is consistency. Consistency is key, be it hard work, be it not giving up after you have had a rough day in Court. The right balance between being open to ideas from your clients and filter when you present your case in Courts.
The biggest challenge of course was to break even when I started the firm, and then increase revenue enough to expand the infrastructure and to be able to pay a respectable amount to Associates, paralegals, etc. Even now in fact every month is not the same, so revenue can be a struggle in some months.
You were the counsel in a landmark case under the new Land Acquisition Act decided by the Delhi High Court. Can you discuss the significance of this case and its impact on land acquisition laws?
Yes, that was a case under Section 24(2) of the New Land Act, 2013. Much water has flown since then and the recent Constitution Bench Judgment in Indore Development Authority vs. Manohar Lal & Ors. has brought about some changes in so far as the interpretation of Section 24(2) is concerned. But yes, the impact is that the acquisition under the current regime is much more difficult as it requires social impact assessment etc and even the compensation is much higher that what was provided under the 1894 Act, which was more exploitative in nature.
What were some of the most challenging and rewarding aspects of your tenure as Additional Standing Counsel for the Government of Delhi?
Challenging of course the entire work of a Govt. counsel is very challenging. I was handling quite a few matters every day, so waking up at 4 AM in the morning every day, going through the brief thoroughly because as Govt. counsel we mostly defend the interest of the public at large, secondly there’s always a sense of urgency in private clients regarding hearing of their matters, so it’s difficult to get an adjournment as a Govt. counsel.
Rewarding aspect, of course the grind that I went through has sharpened me to prepare more than 2 briefs for lengthy arguments in about an hour or so. Also I always measure success by the people that we win and my reward is the number of officers and various staff of Departments who are still in touch with me.
After serving as government counsel, what motivated you to return to private practice in 2021, and how has the transition been for you?
So honestly, as a Govt. counsel I was doing only one kind of matters. Since time was still on my side, I wanted to explore a little more and do more variety. As fate had it, I was also blessed with a daughter after I left the panel and I could effectively manage both sides i.e., taking care of my daughter and the independent matters.
Your first independent matter was a PIL for increasing compensation for rail accident victims. What challenges did you face, and what did you learn from this experience? Being your first case, what was your overall experience, and how did it shape your approach to future cases?
I have done two PILs, one for increasing compensation for rail accident victims and one for free sanitary pads and education on menstrual hygiene to Govt. School girls, both are very close to my heart. There were no challenges as such but PIL requires a lot of research, so doing all of it at a time when we did not have associates or interns to help with, one of the initial cases being a PIL would mean that we were paying even our office rent from our pocket but as it is said do good and good will come to you, I guess that is what happened with us. The 1996 Rules were amended, the compensation amount payable to rail accident victims was doubled.
So far as the overall experience is concerned, I think Delhi High Court has this very unique feature of being extremely welcoming towards younger counsels. The warmth, the seriousness with which the Judges take your arguments if you are well prepared, this really helps in boosting your morale. I remember once on the Original Side, we were young, the brief had just come a day before and we were not prepared, in fact we had just gone to seek an adjournment since certain documents were yet to come. So the Judge started recording whatever we would say in the Order sheet including that we are not prepared to argue and all I said was we are very young in the profession, Lordship may kindly remove the observations, just saying that was enough and the observations were removed. So we have the most compassionate and wonderful Judges here, it’s just about having the tact and being honest to yourself and to the Court.
Given your demanding career, how do you manage work-life balance, and what tips would you offer to other legal professionals?
Ok I get asked this question a lot and I will not lie here, I have the most wonderful husband who is also a lawyer. He encouraged me to give the Advocate on record exam after we were blessed with a daughter and I qualified it in the first attempt. I think if you are married, having a supportive life partner is a real plus.
Secondly, online hearing which is constantly being encouraged by the current CJI, is of great help to women mostly.
Tip: I can only say keep the mental state right, as long as you are mentally fine you will sail through one additional hobby, it can be sports, photography, music, movies anything at least once a week, because the profession is very demanding, you cannot limit it to 9-5. It affects you mentally even before you know, so maintain your sanity.
For young lawyers contemplating a specialization in their legal careers, what factors should they consider, and how did you decide on your focus areas? Please share some tips for them to excel in their field.
For younger lawyers, I think firstly please do not focus only on money. You have to know your work first, money will not be a problem thereafter.
Secondly, one should not just stick to one kind of practise initially, i.e., just criminal or only civil laws. There is a lot of scope and opportunities, give yourself some time. Try different areas before you finally know what you like.
My focus areas actually just happened to me by the kind of matters that came to me and I am still open to trying different areas. A lawyer never stops learning.
Lastly for the younger lawyers, just have faith in the process, go through the grind, you will get there gradually.
