Super Lawyer

Category: Interviews

  • “There are quite a few challenges. IP, especially prosecution of applications, has become highly commoditized and almost become a packaged service, with costs being a race to the bottom. A lot of the advice that we see is very vanilla advice without real time being spent to determine what is best for the client’s business needs and goals”- Bharadwaj Jaishankar, Partner, at IndusLaw

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

    Could you share with us what initially sparked your interest in intellectual property law, and how did you decide to pursue it as a career?

    I was lucky enough to get an internship, in my 4th year of law school, with K&S Partners (a leading IP firm in India). I had dabbled in some IP work in my previous internships, and my interest around brands and how they are protected and commercialized was piqued. However, it was at K&S Partners where this interest really became a passion. Based on my internships at K&S Partners, and the type of IP matters and issues I was exposed to, I was clear that I wanted to build my career within IP. I was fortunate enough to get an opportunity to join K&S Partners upon graduation. In my career so far, I have made it a point to get different perspectives on IP, right from working with boutique IP works to working in house, in an IP role, to now working with a full service firm. This all-round approach and experience, particularly working as an in-house counsel, helps me tremendously in my role at IndusLaw. 

    With your extensive experience across various law firms and organizations, could you highlight a particularly memorable case or project that significantly shaped your understanding of intellectual property law?

    There have been several memorable matters I was lucky enough to be a part of and it will be difficult to pinpoint one specific project. That said, working on geographical indication (GI) matters, for the Government of India and for foreign GI owners, was incredibly important and special. GIs, unlike other IPs, are collective communal rights and require a slightly different mindset. I would also say that my stint as an in-house counsel afforded me some incredible opportunities and moments to learn different facets of IP law, including from a commercial lens. The learnings, as an in-house counsel, and seeing IP from the other side of the fence, was an immense learning experience; something which I cherish a lot. I would also say that working, in the past, and, even now, on matters that intersect with technology and IP has been extremely rewarding with a lot of learning opportunities. 

    Given your role as a visiting faculty at a leading law university and your participation in national and international conferences, how do you approach staying updated with the latest developments and trends in intellectual property?

    The simple answer is that time must be made to read and be in touch with new developments and precedents. It is easy to say that calendars are full and there is no time to read. However, if one really wants to keep up-to-date on new case laws and developments, time needs to be carved out. Especially in IP, where issues can be grey, and oftentimes  case laws can be seemingly conflicting with each other; that effort to read and stay updated is a must. I do ensure that, at least during work days, I try and get about 45 mins to read news and key case law updates. On weekends and holidays, I do take out more time. Additionally, within our team, we have a system of daily news updates, that are relevant to our practice, which are shared every evening, which I ensure I read before logging for the day. Another important aspect is also to speak regularly with your peers, clients and, even foreign counsels, to understand trends and developments. It, therefore, does take a combination of sources, coupled with a dedication and discipline to keep learning and staying updated. I also find that, in interacting with universities and students, one can also learn and stay updated as students are also equally updated with new trends and cases and it, therefore, does become a fantastic two way street.     

    Transitioning from working with leading law firms to being the IP and Innovation Counsel for a global FMCG organization must have been quite a shift. What insights did you gain during this transition, and how did it influence your perspective on intellectual property issues?

    The shift from private practice to an in house counsel was certainly very interesting with a lot of learnings and mindset shifts. A couple of the biggest shifts included learning how to become a commercial enabler and adjusting risk profiles. Being an in-house counsel required me to be a business partner, who was incidentally a lawyer. You get into a position where you can’t present options to other teams and say “choose which works for you”. You have to take a call, and that means collaborating and understanding commercial needs. This stint as an in-house counsel is immensely helpful to me now when I work with clients- the idea being an extended arm of their team or an extended arm to their in-house legal team. More and more, especially in IP, clients require external counsels to help them make a decision, rather than just presenting options. This has been one of the biggest shifts in approach for me- how can I, as an external counsel, help my clients meet their business goals.

    As someone deeply involved in protecting and enforcing IP assets, what are some common challenges you encounter in this field, and how do you typically address them?

    There are quite a few challenges. IP, especially prosecution of applications, has become highly commoditized and almost become a packaged service, with costs being a race to the bottom. A lot of the advice that we see is very vanilla advice without real time being spent to determine what is best for the client’s business needs and goals. We also see clients viewing IP as an expense, rather than as an asset which will mature over time. It isn’t uncommon to see IP being compromised or undervalued at the altar of costs. If India really wants to take advantage of the tremendous innovation and talent currently being seen, IP needs to be viewed maturely and beyond just as an expense outlay. This also calls for clients to be smart about who they engage with for their IP advice and strategy. IP forms the backbone of almost all businesses and it isn’t just about filing an application. A strategic mature approach needs to be brought by external counsels when counselling clients on their IP strategies.    

    With your passion for brand building and extensive experience in advising on brand-related matters, could you share some strategies you find particularly effective in nurturing and safeguarding brands in today’s competitive landscape?

    As mentioned before, taking the time to understand clients, their business and their objectives should form the basis of any IP strategy. There are so many intricacies and nuances, even to something as simple as filing a trade mark application. Fitting the legal strategy into the four walls of business objectives is really important. Another bit is not assuming that external counsels know more than clients or in-house legal teams. It pays to listen more. Part of our job is also to get clients to do some homework as well and get them to look at IP as an asset. For me personally, the focus is on building trust and reliance with the client and getting clients comfortable in our interactions and dealings. Today’s landscape does require a great amount of flexibility and transparency in our approaches. 

    Lastly, drawing from your wealth of experience, what advice would you offer to fresh graduates aspiring to build a career in intellectual property law and commercial law?

    I have a few pieces of advice: 

    1. Be ready to put in the graft in the first few years and avoid having an entitlement approach. The first few years in the profession are particularly taxing and there is no substitute other than hard work and graft. 
    1. Invest time in an organisation and avoid making quick shifts from workplace to workplace. The longer one stays at an organisation, especially the right place and with the right approach and attitude, can offer tremendous growth opportunities down the line. 
    1. Take the time to learn about the practice, the landscape of firms and how IP is viewed by law firms and in-house counsels, and then make an informed choice on how to build a career in IP law. In today’s world, the more you are informed (and the more the prep work), the easier it is to figure out the best path to take. 

    Get in touch with Bharadwaj Jaishankar-

  • “If at all there is something to chase, chase the might of the white-collar bands which signifies being subservient only to God and be fearless and truthful learned counsel. There is much more than money in-store when you are a dignified and respectable officer of the court.” – Shiv Mangal Sharma, Additional Advocate General, Government of Rajasthan

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

    Your journey in the legal profession has been remarkable, from your early days to founding Aura & Co. Could you please allow us to walk through your journey and share how you came to this profession and what challenges you faced during your initial days?

    Walking into the initial days of my legal career drives me a little nostalgic. However, in response to your question, I initially earned my Bachelor of Science (Honors) degree from B.S.A. Degree College and K R Degree College affiliated with the University of Agra in 1996, followed by a Bachelor of Laws (LL.B.) from the Agra University in 1999. Hence, technically my career as a legal professional commenced/ began in the early 2000s. I was admitted as an Advocate to the Bar Council of Delhi in 2000, and by 2003, I was enrolled as an Advocate with the Supreme Court of India. Since the early days of my practice, I started gaining immense recognition for my expertise in handling complex legal issues. As challenges are concerned, like every practicing advocate, I also faced some minute challenges but my dedication and devotion towards the legal profession, and the immense support of my family members gave me a drive to work hard every day and led me towards the path of becoming a successful advocate.

    As the Managing Partner of Aura & Co., you’ve managed to build a comprehensive legal service covering various aspects of law. What inspired you to establish such a diverse legal platform?  

    From the very inception of my career, I had an aim to provide my expertise in the legal field in various dimensions to society. The only vision that I have been carrying is to provide unprejudiced, unbiased, and unsurpassed legal services to my clients in the relevant legal domain. In response to your question the vision behind establishing the firm is that the firm must be chosen for the clients and take that relationship forward by making ourselves deserving enough to be their business advisers and not just legal service providers. Moreover, it is my ideology that the management of the firm should make sure the echelon and efficient functioning of the firm while providing opportunities and avenues for its members to grow and learn. The main aim to establish the firm was to encourage leadership development and transparency between management and its associates.

    Further, the establishment of the firm aims at the Firm to work with clients engaging with legal teams and the wider business to help them in achieving the right commercial outcome. As a result, the Firm aims to support the client’s technology, outsourcing, corporate and commercial needs. The structuring of the firm is intentionally coupled with effective, timely, and practical solutions the factors that are predominant in choosing the firm by the clients. The vision of the Managing Partner follows the vision the firm that is vision is to provide continued excellent and practical timely solutions to the clients.

    Your tenure as Additional Advocate General for the Government of Rajasthan must have provided unique insights. Could you please share some details of this role and the commitments that come with this? How did this experience influence your approach to legal advocacy?

    It is an opportunity for me to be appointed as Additional Advocate General for the Government of Rajasthan and represent the State of Rajasthan before the Supreme Court of India. It is a matter of immense pride that I have got such an opportunity. Being on this post for the past 3 months, I have experienced a veracity of legal arenas and the enlarged scope of working of the State of Rajasthan.

    Given your extensive background in both civil and criminal law and your involvement in law-making and policy advising at high levels, how do you navigate the complexities of cases that involve overlapping legal areas, and how do you envision the role of legal professionals in shaping public policy? 

    Like every legal practitioner, it is my role to navigate the complexities of the cases. As a matter of fact, there is a plethora of cases where there arises overlapping of legal areas, in such a situation me, and my team are inclined towards the providing best services to our clients in an efficient and ethical manner. We as a team make all possible attempts to get our clients the best legal, practical, and workable solutions for our clients.

    How do you foresee the role of international law evolving in India, and what steps is Aura & Co. taking to prepare for this shift while also promoting legal awareness and education among the general public? 

    In my opinion, India has been a significant and influential player in the global arena. It plays a pivotal role in the intricate relationship between international law and diplomacy. With its vast population, rapidly growing economy, and geopolitical influence, India is uniquely positioned to influence and shape the course of international affairs. India’s approach to international law is characterized by a delicate balance between its commitment to principles of sovereignty and non-interference and its recognition of the importance of international legal frameworks in addressing complex global challenges. India’s multifaceted role in global diplomacy and international law is the complexity of the relationship between these two critical components of international relations. As a rising global power, India’s approach to international law and diplomacy continues to evolve, and its engagements will continue to influence the ever-changing ideology of global governance. In doing so, India reinforces the interdependence of diplomacy and international law, illustrating its vital role in shaping the future of international relations and global governance. As the promotion of legal awareness and education among the general public is concerned, we as a law firm with the help of writing articles, research papers, and attending seminars have attempted to convey our thought process in the society concerning the development in international law. Also, Aura & Company with its associated Lawyers, is a law firm that has a strong international presence. The firm currently has an office in the United Kingdom under the name Aura & Company International Ltd. The firm is also in the process of opening offices in Dubai and Canada. In addition to its services, Aura & Company Lawyers’ sister concern, Auraleagueglobal, provides advice and services to clients involved in international litigation. With its expanding global reach, Aura & Company Lawyers is well-positioned to provide support and guidance to clients operating in various parts of the world.

    As one of the premier law firms in India, what qualities do you look for in potential legal interns, and what advice would you offer to students seeking internship opportunities at Aura & Co.? 

    In my opinion internships play a crucial role in our careers. Working at a competent law firm can give a law student a major competitive edge over others. As the qualities are concerned for the potential legal interns, the firm expects the interns to have a desire to learn, be punctual, be hardworking. Being a premier law firm, we provide opportunities to law students from the different areas of the country.

    Reflecting on your extensive experience, are there any cases or achievements that stand out as particularly rewarding or challenging? What made them memorable?  Also, how do you balance the demands of your various roles, from being a Senior Panel Counsel for multiple state governments to managing a premier eLaw Firm?

    As Professional Achievements are concerned I have over 3000 appearances in the Supreme Court of India.  I have been involved in numerous landmark cases reported in various law reports. I have got an opportunity to Work alongside eminent legal professionals including Harish Salve, Mukul Rohatagi, and K.K. Venugopal. I have actively engaged in seminars and conferences related to legal process outsourcing and innovative legal services. Being a legal counsel, the commitment to the cause of providing clients with professional, responsive, and diligent legal support with the degree of excellence and integrity that one expects from legal advisors. The assistance may be in connection with litigation(s) or advisory work pertaining to disputes before all Courts, Tribunals, Commissions, and other various authorities and boards with our extensive team of lawyers and officers having expertise in respective fields. These are certain reasons that helps me to balance the demands of my various roles, from being a Senior Panel Counsel for multiple state governments to managing a premier eLaw Firm.

    Apart from your professional endeavors, what personal hobbies or interests do you pursue to maintain a work-life balance? 

    I am inclined towards learning new languages.

    What advice would you give to young lawyers who aspire to take on roles as significant and varied as yours in their careers?  If at all, there is something to chase, chase the might of the white-collar bands which signifies being subservient only to God (as the ministers of the church in earlier days felt, from whom the robes and the bands are borrowed for the dress code) and be fearless and truthful learned counsel. There is much more than money in-store when you are a dignified and respectable officer of the court. As an advice to the young lawyer, firstly, a legal professional needs to be proactive. The best juniors take the initiative on seeking out problems, solutions and opportunities. They don’t just wait for these to be handed to them by their supervisor / law firms. Secondly, lawyers should take care of the easy stuff. The real value that juniors provide is all the other stuff within our control and skill level (so that the supervisors don’t have to think about it), such as proofreading and formatting; properly naming and saving documents in the right place; and carefully reading through all email attachments / relevant documents sent to us. Thirdly, communication, a lawyer who is good at communication gives an ad-on advantage to progress in this field.

    Get in touch with Shiv Mangal Sharma-

  • “Intellectual property law and data protection law are both ‘future facing’ laws driven by technological advancement and global regulatory challenges”- Sanjukta Venkatesh, AVP – Legal at Godrej Group

    “Intellectual property law and data protection law are both ‘future facing’ laws driven by technological advancement and global regulatory challenges”- Sanjukta Venkatesh, AVP – Legal at Godrej Group

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

    Can you share what initially drew you to pursue a career in law? Was there a particular moment or influence that sparked your interest?

    My decision to pursue a career in law stemmed from my love for books, writing and languages. Mystery, crime and thrillers have always been my favourite genres and continue to be so till date.  Whether it was devouring legal thrillers or reading about real-life cases, I couldn’t help but marvel at how the law shapes our world by helping us unravel clues and arguments to uncover the truth that can make all the difference. Moreover, from a young age I have found myself drawn to the concept of justice and fairness.  The law provides a platform to champion causes, protect the vulnerable, and advocate for change. It offers the opportunity to use analytical skills to solve complex problems, negotiate effectively, and provide counsel that can profoundly impact individuals and communities. It was a combination of all these factors that influenced my decision to pursue law as a career.

    How did your time at West Bengal National University of Juridical Sciences and King’s College London shape your perspective on law and your career path?

    The methodology adopted to teach law at WBNUJS was what made the institution stand out from the other law colleges and the way law was taught in those colleges. We were constantly encouraged to think critically and be intellectually curious. The rigorous coursework challenged us to delve into the complexities of legal theory and practice, and every class was a stepping stone towards a deeper appreciation for the nuances of law. Beyond the classroom, we were provided exciting opportunities for practical learning through internships at prestigious law firms and with eminent legal practitioners, which allowed us to apply theoretical knowledge to real world scenarios. These opportunities enabled us to decide on our areas of interest and work towards forging a career path accordingly upon graduation. 

    The diverse and inclusive community at King’s College London enriched my perspective on law. Interacting with students from various backgrounds and cultures exposed me to different legal traditions and societal norms, broadening my worldview and giving me useful insights into the importance of cultural competence in legal practice. The course that I was specialising in (Intellectual Property Law) was administered through engaging lectures, case studies, and discussions led by esteemed faculty members and industry experts, I gained a deep understanding of the legal frameworks and complexities surrounding IP law.  Beyond the classroom, King’s College offered unique networking opportunities with professionals in the field. Seminars, and alumni events connected me with practitioners who shared their insights and experiences, and provided me with a holistic perspective of the subject as well as the potential career opportunities therein. 

    What were some key takeaways from your early roles at Paras Kuhad & Associates and Khaitan & Co. that helped shape your legal career?

    My early roles at these law firms provided me with key insights and foundational lessons essential to my development as a legal professional. It taught me the importance of time management, prioritisation of work and multi-tasking, attention to detail and meticulousness. I also learnt important lessons in humility, team work, collaboration and acceptance of my strengths and weaknesses.  These skills not only enhanced my ability to analyze complex legal issues but also instilled a disciplined approach to problem-solving.  Furthermore, interacting with clients during my early career taught me the importance of client service and relationship-building, as well as understanding their needs and tailoring legal solutions that align with their objectives. 

    How did your transition from law firms to corporate roles, starting with ITC Limited, impact your approach to legal practice and compliance?

    While working in law firms provided me with a solid foundation in legal knowledge, rigorous training in analytical thinking, and exposure to diverse areas of law, moving in-house brought about a refreshing change in focus, where I was now on the other side of the fence and was immersing myself in the strategic and operational aspects of a specific company or organization. Rather than advising multiple clients on various matters, I now had the opportunity to align closely with the business’s objectives, understand its industry dynamics, and contribute directly to its success.  One of the most rewarding aspects of in-house practice is the opportunity to work closely with internal stakeholders, including executives, managers, and employees across different departments. This has taught me to think multi-dimensionally and has sharpened my ability to balance legal considerations with practical business realities. I am continuously challenged to find innovative solutions that not only comply with legal requirements but also align with the company’s strategic goals and values. This holistic approach to problem-solving has expanded my skill set and broadened my perspective in numerous exciting ways. 

    Can you describe some of the challenges and successes you experienced as the Regional Legal Counsel at Unilever, particularly in the fast-paced FMCG sector?

    One of the primary challenges I faced in my role as Regional Legal Counsel was navigating complexities across various operations in the FMCG sector. Each of these sectors have their own legal requirements, and understanding and complying with regulations while ensuring consistency in legal advice across the region required a meticulous approach and proactive communication with local teams. Another significant challenge has been managing legal risks in a rapidly evolving industry. From product compliance to advertising standards, litigation management and supply chain issues, staying ahead of regulatory changes and industry trends is essential. Implementing robust risk management strategies and providing timely guidance to stakeholders have been challenging in order to ensure operational continuity and safeguarding the Company’s reputation. 

    The successes in my role have also been significant. Some noteworthy ones would be successfully defending crucial litigation, significantly reducing overall litigation numbers in the region. actively working on anti-counterfeiting strategies, negotiating favorable commercial agreements, and resolving disputes through alternative dispute resolution mechanisms.  Furthermore, implementing compliance programs and training initiatives across the region to promote a culture of ethics and legal compliance has been rewarding.

    Given your specialty in Intellectual Property Law and recent certification in Data Protection, how do you see these areas evolving, and what excites you about these fields?

    Intellectual property law and data protection law are both ‘future facing’ laws driven by technological advancement and global regulatory challenges. Intellectual property law is an ever evolving landscape. Advances in technology, particularly in areas like artificial intelligence (AI), machine learning, and biotechnology, are challenging traditional IP frameworks. Issues such as patentability of AI-generated inventions and ownership of AI-generated works are becoming increasingly complex.  With businesses operating on a global scale, harmonization of IP laws across jurisdictions is a growing trend. The rise of digital platforms and online streaming services has led to new challenges in copyright protection. These developments reflect evolving consumer behaviors and industry demands and is an exciting area to be involved in, keeping in mind the role of an in-house counsel in protecting business interests. 

    Data protection law has also seen some key changes and developments, particularly in the Indian legislative context.  The new regulations impose strict obligations on organizations handling personal data, including enhanced consent requirements and data subject rights. Mandatory data breach notification requirements have been introduced in many jurisdictions to enhance transparency and accountability in data processing practices. Organizations are now required to promptly notify authorities and affected individuals in the event of a data breach, underscoring the need for robust cybersecurity measures.  Data protection authorities are increasingly proactive in enforcing compliance with data protection laws, imposing significant fines and penalties for non-compliance.

    In summary, both intellectual property law and data protection law are constantly evolving to address the complexities of a digital age. Staying abreast of these evolving landscapes is crucial for businesses, legal practitioners, and policymakers alike to navigate compliance challenges and deal with a rapidly changing legal environment.  

    What are your primary responsibilities as the AVP – Legal at Godrej Group, and how are you applying your previous experiences to this new role?

    My present role at Godrej Group involves handling areas such as legal compliance and risk management, risk assessment, contract management, policy development, environment and sustainability compliance, legal training and awareness, supporting strategic initiatives and enhancing corporate governance. My previous experiences in the FMCG sector have proved to be invaluable from the perspective of having equipped me with a unique blend of industry-specific knowledge, practical skills, and strategic insights that are crucial for effectively managing the legal aspects of an FMCG business. This has also proved to be useful in advising and managing the other businesses which are also part of my role as AVP Legal. 

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

    The focus should be on the following areas: a) Focus on basic concepts and constantly staying informed about changes b) Develop proficiency in research and writing c) Always look for opportunities to network and gain practical insights on the industry as a whole d) explore different areas of law and identify your interests before choosing to specialise e) plan your career path and set long and short term goals for yourself. 

    Get in touch with Sanjukta Venkatesh-

  • “Environmental law is a growing field with a broad scope of work encompassing issues related to Pollution Control, Protection of Natural Resources, Waste Management, and Wildlife Protection, etc.”- S S Rai, Senior Manager -Legal, Goods and Services Tax Network

    “Environmental law is a growing field with a broad scope of work encompassing issues related to Pollution Control, Protection of Natural Resources, Waste Management, and Wildlife Protection, etc.”- S S Rai, Senior Manager -Legal, Goods and Services Tax Network

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

    Your journey into law is quite remarkable. Can you share with us what initially inspired you to pursue a career in law?

    Honestly speaking I entered the legal profession not by design, but destiny took me to this profession. Initially, I was quite skeptical and had a lot of hesitation but with time I recognized its worth and started enjoying my profession and the rest is history. I believe that Law colleges play a pivotal role in shaping your career interest and I owe a lot to my alma mater i.e. Faculty of Law, University of Delhi where from day one I got exposure to real case law study with the flair of litigation. Moreover, I feel lucky to have had a great mentor during my juniorship in Delhi High Court for the initial period of struggle who not only mentored me but supported me at every tough phase in my professional journey.

    With your extensive experience in litigation management, can you tell us about some of the most challenging cases you’ve handled and what you learned from them?

    I have dealt with several high-stake writ petitions including PILs filed against the Union of India wherein particular provisions of a Government /State’s Guidelines/ Office Memorandum/ Subordinate legislations etc. are challenged being ultra-vires to the Constitution of India, in addition to seeking interim stay in the matter. Such kinds of cases are very sensitive and require prompt action and timely briefing from the respective department to protect the interest and avoid any adverse order from the Hon’ble Court. Managing the aforesaid crisis is a bit of a challenging task keeping in view the limited time frame, however, having access to the department’s key personnel getting inputs and a good understanding of the court’s craft has helped me deal with such situations.

    You’ve worked on a wide range of legal matters, from Constitutional law to Intellectual Property Rights. Which area of law do you find the most intriguing and why?

    I found Constitutional law most intriguing because it encompasses everything, and all rights and respective duties of Citizens as well as States originate from it. Moreover, I have a very strong affinity for other areas of law including Administrative Law, Service Matters, Corporate Law, GST Law, Intellectual Property Rights, and Data Privacy law.

    Drafting and reviewing complex legal documents like MOUs, NDAs, and contracts require great attention to detail. What strategies do you employ to ensure accuracy and compliance in your work?

    In the corporate legal world drafting and reviewing legal documents including MOUs, NDAs, and Contract hold a very specific importance that not only requires an understanding of the genesis of the transactions based on such documents but also an in-depth knowledge of various branches of laws operating behind such transactions, viz; Contract law, Arbitration, IPR, Data Privacy law in addition to the general provisions of laws dealing with jurisdiction, etc. So far as my approach to dealing with the task above, I believe in the popular proverb ‘two heads are better than one’ which insists on adopting a ‘Four Eyes Principle’ for accuracy in addition to thoroughly checking every clause in line with organizational goals as well.

    Your profile mentions your interest in the Environment, Health Issues, and Data Privacy Law. How do you see these areas evolving in the coming years, and what role do you hope to play in their development?

    Environmental law is a growing field with a broad scope of work encompassing issues related to Pollution Control, Protection of Natural Resources, Waste Management, and Wildlife Protection, etc. Global Warming and Climate change have already taken Centre stage on the world canvas requiring multilateral cooperation amongst the various stakeholders.  Moreover, Health Law in India is yet to be fully explored keeping in view the current state of the health sector in India. Article 47 of the Constitution of India’s Directive Principles imposes the duty on the state to raise the levels of nutrition and the standard of living and to improve public health as among its primary duties. Nevertheless, people are facing numerous health challenges in India which requires well-crafted policy implementation and trained legal professionals to realize the goal enshrined under the Constitution of India. So far as the Data Privacy law is concerned, it is still in its nascent stage in India, nevertheless, in the age of digital and technological advancement striking a balance between organizational goals and ensuring privacy parameters poses a great challenge and fresh opportunity as well. I’m eager to see the full-fledged exploration of potential outcomes impacting the common man’s life in the coming years and have already contributed through my research article etc. spreading awareness in my professional arena.

    Managing litigation for various entities, including government departments, can be quite demanding. How do you balance the high-pressure environment while maintaining your strong work ethics and integrity?

    Managing litigation for Government departments demands specific skill sets and an understanding of the Government’s points of view. A single order or direction against the departments can impact the functioning of the Govt. and sometimes open a Pandora’s box, if not properly defended proactively, considering the high stakes involved. Strong work ethics and integrity are the hallmarks of the legal profession, and the same applies to a person defending the Government’s interest, therefore, every legal professional must strive to act with a high level of professionalism and integrity. Being in the Legal profession for more than a decade I always acted keeping in view the aforesaid principles in all challenging situations.

    You’ve authored several legal research papers and presented at international conferences. How do you think your research has influenced your professional practice and the broader legal community?

    Well, research is a part and parcel of the legal profession wherein one is used to search for case precedence on particular facts and issues. However, researching beyond the court’s case precedence and striving to explore something that is neither being explored nor any precedence is available makes a difference in the long run. Many a time such kind of research may prove a deciding factor in deciding a case or formulating new policy guidelines to be implemented. Some of my research articles have been cited by other researchers to supplement their case/hypothesis thereby broadening the knowledge base. However, such kind of research requires new-age tools and techniques to justify your hypothesis with good analysis of data to come up with plausible solutions to the research problem. Moreover, for me, presenting and publishing a research article/paper at an international conference/ Journal helps me in aiding new insight to many subjects and new thoughts for legal exploration. It offers good networking with peers’ researchers and academia that is an added advantage.

    Outside of your legal practice, what personal hobbies or interests do you pursue, and how do they help you maintain a work-life balance? 

    Outside my legal practice, I love reading good literature, which serves as food for my thoughts. Moreover, I’m very much involved in writing and my latest book “Witnessing the Sacred: Powerful Affirmations for Eternal Happiness and Success,” occupies a place of prominence as Amazon Bestseller (https://amzn.in/d/hNPzUgg). I routinely appear as a key Speaker in panel discussions on contemporary socio-legal issues. Additionally, I served as an expert assessor, judging national-level Moot Court and Negotiation Competitions organized by leading Law Schools in India.

    What is your stake in the National Litigation Policy (NLP) that has now been finalized by the Law Ministry?

    The National Litigation Policy (NLP) has been pitched as a major reform aimed at streamlining government litigation. As per the data available on the National Judicial Data Grid, more than 4.48 crore cases are pending in various courts, with the government and its agencies being the main litigants in various courts and tribunals across the country. This reform was much needed, and the judiciary has also emphasized the need for such a policy dealing with the high pendency of litigation. The Hon’ble Supreme Court in Chief Conservator of Forests Govt. of A.P. Vs. Collectors and Ors. 2003 (3) SCC 472 held that the States/Union of India must evolve a mechanism to set at rest all inter-departmental controversies at the level of the Government and such matters should not be carried to a court of law for resolution of the controversy. The Law Commission in its 126th Report, has also stressed the importance of a litigation policy to avoid litigation or reduce it thereby alleviating the burden on the court system. The finalization of NLP at the Ministry level is a welcome step, and I hope its implementation (post approval from the cabinet) will transform the Government into an efficient litigant whose primary responsibility is to protect the rights of citizens.

    Finally, what advice would you give to fresh law graduates who are just starting their careers and aspire to have a successful career like yours?

    The legal profession is a noble profession among all, and it offers numerous opportunities compared to any other profession in the world since it is not just limited to Advocacy or Judgeship. A law graduate has options to make his/her career in the Legal and Compliance Department of PSUs/Government Department /Private Companies/Bank/, NGOs/ International Organizations, and Academics. However, for all the fresh law graduates who are just starting their careers in litigation practice, I would advise being mentally prepared for tough terrain in the beginning. It requires a lot of hard work under intense pressure to perform. Nevertheless, with time, their hard work will pay off not only in terms of money but also in knowledge. However, for all the students aspiring to have a career in the legal field, I must emphasize the importance of choosing your Law College wisely since it plays a very crucial role and can have a lasting impact on your legal career.

    Above all, I would like to say that legal knowledge not only empowers individuals by making them aware of their rights and duties, but it also provides for seeing society differently. A public-spirited lawyer can make a phenomenal impact on society by advocating for the social and economic rights of the people, as the fundamental ethos of the legal profession is the service to society.

    Get in touch wit S S Rai-

  • “Change starts with individuals who challenge the status quo and advocate for justice. Building alliances and understanding cultural nuances are key to addressing global human rights issues,” – Dr. Anthony Raju, Advocate at Supreme Court of India & Chairman of Indian National Human Rights Protection Council

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

    Dr. Anthony, with such an impressive and diverse list of roles – Advocate, Human Rights Activist, TEDx Speaker, and more – could you share with our readers a bit about the journey that led you to wear so many hats?

    My journey began in a very humble setting in Meerut, Uttar Pradesh. Growing up in a poor family, I had to work from a young age, selling newspapers and working in small shops to support my family while pursuing my education. This early exposure to hardship instilled in me a deep sense of empathy and a desire to fight for justice. My legal education and subsequent practice as an advocate opened up avenues for me to address issues I deeply care about, such as human rights and social justice. Over time, my roles expanded naturally as I found myself addressing these issues in various capacities – be it as a lawyer, activist, or speaker. Each role complements the other, enabling me to make a broader impact.

    Juggling between being a lawyer, human rights activist, and so much more must be quite a feat. How do you maintain a balance between your legal profession and your various social and humanitarian roles?

    It indeed requires a delicate balance, but the key lies in passion and prioritization. My legal profession and humanitarian roles are interconnected, as both strive towards the common goal of justice and human dignity. I allocate specific times for my legal practice, social work, and speaking engagements, ensuring that each receives the attention it deserves. Effective time management and a dedicated team also play crucial roles in helping me manage these diverse responsibilities without compromising on any.

    Your dedication to human rights is evident not only in your professional life but also through your social work in tribal and underprivileged areas. What motivates you to spend a significant amount of your time in these communities, both nationally and internationally?

    The motivation stems from my early life experiences and the realization of the stark inequalities that exist in our society. Spending time in tribal and underprivileged areas allows me to directly engage with and understand the challenges faced by these communities. It’s one thing to advocate for human rights from a distance, but it’s entirely different to be on the ground, witnessing the struggles and triumphs of the people. This direct engagement fuels my passion and commitment to making a tangible difference in their lives.

    As a dynamic criminal advocate and human rights ambassador, you’ve spoken at TEDx. Can you share a moment in your career that you consider a turning point or a particularly proud achievement?

    One significant turning point was when I founded the All India Council of Human Rights, Liberties & Social Justice (AICHLS). This platform has allowed me to channel my efforts more systematically and mobilize support for various human rights causes. Another proud moment was speaking at TEDx, where I could share my journey and inspire others to join the fight for justice and equality. Receiving the “International Human Rights Awards” and honorary doctorates were also affirmations of the impact of my work and further motivated me to continue my advocacy.

    You’ve been recognized with several awards, including honorary doctorates and the “International Human Rights Awards.” How do such accolades fuel your commitment to the causes you champion?

    These accolades serve as important validations of the work being done and the causes being championed. They bring attention to critical human rights issues and inspire others to join the movement. For me, these recognitions are not just honors but also reminders of the responsibilities that come with them. They reinforce my commitment to continue advocating for those who cannot speak for themselves and to push for systemic changes that uphold human dignity and justice.

    In addition to your legal practice, you founded the International Human Rights Advisory Council. Can you tell us more about the council’s mission and some of the key initiatives it has undertaken?

    The International Human Rights Advisory Council aims to promote and protect human rights globally through education, advocacy, and direct intervention. One of our key initiatives is providing free legal aid to marginalized communities, ensuring they have access to justice. We also run awareness campaigns on issues such as child rights, women’s rights, and the right to education. Additionally, we collaborate with other organizations to address human trafficking and violence against women. Our mission is to create a world where every individual can live with dignity and freedom.

    How has your venture, Legal and Legal Associates, made a significant difference in people’s lives by providing free legal aid, intersected with your role as a criminal lawyer, and can you share a challenging or interesting case where your dedication and skills played a crucial role in securing justice?

    Legal and Legal Associates has been instrumental in providing free legal aid to those who cannot afford it, ensuring that justice is accessible to all. One particularly challenging case involved a group of tribal women who were falsely accused of theft. My team and I worked tirelessly to gather evidence, advocate for their rights, and eventually secure their acquittal. This case highlighted the intersection of my roles as a criminal lawyer and human rights activist, demonstrating the impact of dedicated legal advocacy in protecting the vulnerable.

    How does your commitment to fostering understanding through the World Inter-Faith Council for Peace & Human Rights align with your initiatives like “Giving with Compassion,” and how do you envision the intersection of human rights and interfaith dialogue inspiring individuals to contribute to social causes on an individual level for a more peaceful world?

    The World Inter-Faith Council for Peace & Human Rights and “Giving with Compassion” both stem from the belief that understanding and empathy are crucial for social harmony. Interfaith dialogue promotes respect for diverse beliefs and fosters a sense of shared humanity. By encouraging individuals to look beyond their differences and unite for common causes, we can inspire them to contribute to social justice initiatives. The intersection of human rights and interfaith dialogue is powerful because it not only addresses legal and social issues but also nurtures the moral and ethical dimensions of peace and justice.

    How has your journey as a change maker shaped your approach to navigating the complexities of international relations as a diplomat and advocate, all while realizing the profound impact that an individual can have on society?

    My journey has taught me that change starts with individuals who are willing to challenge the status quo and advocate for justice. As a diplomat and advocate, I approach international relations with a focus on collaboration and mutual respect. Understanding cultural nuances and building alliances are key to addressing global human rights issues. Realizing the impact one individual can have inspired me to continue pushing for systemic changes and mobilizing others to join the cause. It’s about creating ripples that lead to broader societal transformations.

    On a more personal note, can you share a hobby or interest that you turn to for relaxation and rejuvenation amidst your busy schedule? How does it complement your work-life balance?

    I find solace in reading and meditation. Reading allows me to explore new perspectives and ideas, which is essential for my work as an advocate and speaker. Meditation helps me maintain mental clarity and emotional balance, enabling me to handle the various demands of my roles effectively. These hobbies provide me with the necessary downtime to recharge and stay focused on my mission.

    Aside from your professional endeavors, we’ve heard that you are involved in teaching and training. What advice do you have for aspiring advocates and human rights activists entering the field today?

    My advice to aspiring advocates and human rights activists is to stay committed to the cause, no matter how challenging it may seem. Dedication, hard work, and perseverance are crucial. Always remain empathetic and understand the struggles of those you are advocating for. Continuous learning and staying informed about legal and social issues will equip you to be effective in your efforts. Lastly, never underestimate the power of collaboration and building networks, as collective action can amplify your impact.

    Ge in touch with Dr. Anthony Raju–

  • “The law is not static; it evolves over time through amendments and the introduction of new legislation to reflect changing moral and societal values”- Ashima Mandla, Partner at Mandla & Singh Law Chambers

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

    Can you share a bit about your journey into the field of law? What inspired you to pursue this career path?

    When I was in school, I was rather drawn to the criminal justice system, whether it was from what was covered in the news in then ongoing cases, criminal novels and shows which piqued my interest. Thereafter, I did my graduation in Psychology Honors from LSR, where my primary field of study was abnormal psychology, being intertwined with criminal laws. Even though during the first year of LL.B, like most of us, I was also equally attracted to the Corporate side and ended up interning for 6 months at Trilegal, the first day I set foot inside the Apex Court while interning with Mr. K.T.S. Tulsi sir, all my aspirations in this field shifted and I knew I wanted to practice criminal laws. 

    As a Partner at Mandla & Singh Law Chambers, what are some of the most rewarding aspects of your work?

    In litigation, mostly everyone aspires to go independent someday and establish their own practice. For me, that juncture came a little earlier than expected and Mandakini Singh, (my senior associate from the Chambers of Tulsi sir) and I started this litigation chamber in 2018. Undoubtedly, it takes significant time and effort to get your independent practice off the ground, especially being first-generation lawyers, but then there were many seniors who were exceptionally kind to us to offer support and even refer work. The most rewarding aspect in running your own practice is the opportunity to not only build cases by formation of a narrative but also to oversee the outcome. It gives you a platform and opportunity to understand your shortcomings and actively work towards growth. 

    Your involvement in drafting legislation such as the Criminal Law Amendment Bill, 2019, reflects a deep commitment to legal reform. What drives your passion for advocating for change within the legal system?

    The law is not static; it evolves over time through amendments and the introduction of new legislation to reflect changing moral and societal values. As our worldview and perceptions shift, so do the nuances of the legal system. Every judgment that explains or expands the scope of any section or act is an active step toward changing the limits and understanding of the legal system. Law and society are intertwined, each contributing to shifting the perspective of the other.

    Could you tell us about a particularly challenging case you’ve worked on and how you navigated through it?

    The most challenging case has been the Tablighi Jamaat case. There were 955 foreigner nationals from 48 countries which were detained for 2 months and when the Habaes Corpus case was preferred before the High Court of Delhi for their release, overnight chargesheets were filed against the foreigners. Even though there was not a single medical report which was placed on record in the chargesheet showing anyone as Covid-19 positive, yet the narrative in the media was running contrary to the evidence on record, which also colored the public perception. The impact and perception of media trials, particularly in sensitive and high-profile cases was highlighted. Media trials can lead to premature judgments and public opinion that may not align with the legal proceedings and the principle of “innocent until proven guilty.”  Furthermore, 2 months into the litigation, it surfaced that there were second FIRs against the foreign nationals and those who were repatriated on humanitarian grounds of plea bargaining after depositing costs to an extent of Rs. 52L to the Government, they were once again estopped from returning to their homes. It led to an arduous and protracted litigation” of 150 hearings, 955 bail applications, 5 writs, 44 discharge applications, 26 quashing petitions, 80 revision petitions, 15 hearings before the Supreme Court and then a trial in a Delhi court over 9 months. Even though there was not a single conviction in Delhi as even all the foreigners who chose to contest the charges in the trial were acquitted, this case was unprecedented under the unforeseen circumstances across the globe.

    The other case, which was recently viewed as a landmark judgment in Pavana Dibbur v. Directorate of Enforcement.,2023 SCC OnLine SC 1586 wherein the Hon’ble Apex Court was pleased to quash the complaint u/s 44/45 of the PML Act, 2002 (akin to chargesheet) on the ground that s. 120-B IPC can be invoked only in reference to a predicate scheduled offence, was rather challenging as a case, as there were no authorities on this issue and all judgments of the Apex Court as well as various High Courts were ambiguous. The coming of this judgment reinforced the confidence that one can build arguments from bare reading of provisions and interpretation of statutes even if there are no judicial precedents precisely on the issue. Needless to say, it would not have been possible without the fierce and structured arguments led by Senior Advocate Meenakshi Arora ma’am.

    Your achievements in both academia and extracurricular activities are impressive. How do you balance your professional responsibilities with your personal interests and commitments?

    I believe that lawyers led stressful lives as is, which makes it imperative to have interests outside of work, to balance out. More often than not, the demands of every day work and deadlines puts personal lives at the backseat. I personally make it a point to travel, even if it is a short trip, whenever the opportunity presents itself. It gives you something to look forward to as well. Apart from that, there are many tournaments organized by various Bar Associations, which are an amazing way to break the ice, forge better bonds with your peers and seniors. 

    Being an Advocate-on-Record before the Supreme Court is a significant achievement. How did you prepare for and approach the examination, especially achieving such a high rank on your first attempt?

    I had started my career at the Apex Court as a junior, so I was always enchanted and inspired to become an Advocate-on-Record before the Apex Court. Truly, with running my own practice, I was able to only devote 20-25 days of study towards the examination and managed to secure a Rank #4. However, the fact that a lot of the concepts tested in this examination especially in the papers of Practice and Procedure as well as Drafting have nexus with everyday practice before the Apex Court, having practiced for 5 years, in terms of drafting, filing and arguments, before appearing in this examination made those papers fairly easy to prepare for. 

    As for the other two papers namely Leading Case and Advocacy and Professional Ethics, most of those cases were a part of the curriculum in college and hence were formative concepts which are widely referred to and relied upon across a spate of judgments and thus, if the basic concepts in law are clear, the examination is not all that tough. Therefore, the syllabus ought to not be viewed as something one can mug up for the examination, but if you truly read the judgments in its entirety, you will benefit in your practice as it will enhance your concepts and knowledge base, with concepts or sub-concepts which were perhaps not completely understood during college.

    With your experience in criminal defense litigation, what do you find to be the most common misconceptions people have about this area of law?

    It is no surprise that the salary for freshers in litigation is not comparable to the corporate sector, which has been a driving factor for an increased number of graduates preferring the latter. However, criminal defence litigation is far more rewarding in all aspects as compared to the corporate sector. Furthermore, another misconception is that criminal defence litigation is not for women, and for most of us, even our families are not comfortable with the thought of women visiting jails, police stations and lower courts. We have legal stalwarts such as Senior Advocates Ms. Meenakshi Arora ma’am, Ms. Indira Jaisingh ma’am, Ms. Rebecca John ma’am, Ms. Shobha Gupta ma’am, who are not just counted as the best female advocates, but in the list of the best advocates.  Therefore, the field is not an old boys club. 

    As someone who has accomplished a lot in their legal career, what advice would you give to recent law graduates who are just starting out in the field?

    Be patient, zealous and persevere. Law demands layers of intricate knowledge which is gathered across a spectrum of fields over a period of time. There are essentially no shortcuts to success and the only way to conjointly sustain and grow is through day-to-day perseverance. The skill-set which needs to be developed in this profession to stand out, are built over years of backbreaking work. Join offices which teach you work, develop your skills and offer you opportunity to grow. 

    Get in touch with Ashima Mandla-

  • “Life is what happens to you when you are busy making other plans” – From Medicine to Mastery in Law: Rajvendra Sarswat, Independent practitioner & Senior Standing Counsel for Union of India

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

    Could you please help our readers get to know you better by sharing how you came into the field of law? We’d love to hear about your journey, who inspired you to join the legal profession, and the challenges you faced initially.  

    Many of us will agree that growing up in the nineties, there used to be primarily two career choices every student had to make at a certain stage, either medicals or engineering, and similarly I was also in the same mainstream preparing to be a doctor someday. Law was surprisingly introduced to me by my brother which intrigued me when I explored more about it as a profession. As I always believe in the quote that ‘life is what happens to you when you are busy making other plans’. I joined National Law University, Jodhpur as its first batch student and graduated in the year 2006 with Corporate Law Honors in B.B.A. LL.B. and thereafter joined Kanga & Company, Mumbai and also worked with Majmudar & Partners, Mumbai till close to 2011 end. While working with these firms it was purely general corporate, M&A and PE transactional work with almost negligible work related to litigation and the learning I received from both these places left a significant impression in my approach towards work. My initial years into litigation were very challenging and every new case I got was accepted as a blessing. I was appointed as amicus curiae or Court commissioner in many Public Interest Litigations during my initial years which gave me the opportunity to appear regularly before the court and to make myself relevant. I was always open to any area of law and focused myself to take each case as the most important and crucial for me for building myself as a litigation lawyer.   

    As Senior Standing Counsel for Union of India, GST, Central Excise / Customs, what are the key challenges you face in representing such a broad spectrum of governmental interests?

    The most fascinating part of representing tax department in the High Court is that mostly the controversies involved are interpretational issues where constitutional validity is under question and having serious implications wherein invariably I get the chance to argue against the best and top tax lawyers of the country, which I believe is a valuable learning experience for me. As we know that the Goods and Service Tax law is new and evolving so many issues are nascent and completely innovative in its challenge which is a constant learning experience. One has to keep in mind the complexity of Laws, diverse stakes, managing the litigation coupled with the factor in change in the policy. However, balancing the government’s interests with the broader public interest can be a delicate task. Ensuring that legal actions align with public expectations and serve the overall welfare of the society is important. Navigating these challenges requires a deep understanding of legal intricacies, effective communication skills, strategic thinking, and the ability to adapt to dynamic legal landscapes.

    We want to understand how different the study of law is compared to the practice of law. What was the most challenging aspect of transitioning from academic learning to actual legal practice?  

    What we study in law school is a very fundamental yet primitive part of law. The actual application and understating of the practical aspects of law comes only when we enter in the profession. As a first generation lawyer, the journey is altogether different and difficult because you inherit nothing and have to build everything from scratch but the good part is that you have an empty canvas and you are the artist. A fresh law school graduate who wishes to enter into litigation should always start with fundamental and practical aspects including the process of filing or curing of defects therefore I also advise to start from trial courts for at least two years before practicing in higher forums. Nowadays it’s good to see that law schools are also focusing on practical learning aspects other than just theoretical teaching. Applying legal principles to real cases, clients, and situations requires a different skill set than memorizing legal theories. In academia, the emphasis is often on analysing case law and statutes. However, in practice, building strong client relationships, effective communication, and understanding client needs become crucial. Developing these interpersonal skills can be challenging for some. In a practical legal environment, time management becomes critical. Meeting deadlines, handling multiple cases simultaneously, and managing client expectations require efficient time management skills that may not be as emphasized in academic settings. And, most importantly grappling with ethical dilemmas, maintaining client confidentiality, and upholding professional conduct standards are integral parts of legal practice that go beyond academic discussions of legal ethics. I also happen to be a guest faculty at a few law universities. I also give lectures at many intuitions and this helps me keep my own learning in the game.     

    How do you approach the complexities of constitutional writs compared to other types of legal matters you handle, and what strategies have proven most effective for you?  

    The unique feature of writ jurisdiction is that it’s an extraordinary remedy and how you can convince the court to get a favourable order depends upon how innovative and ingenious you can be. In my experience of being into litigation, I believe there is only one strategy and that is there is no strategy. You have to be quick on your feet, well prepared and thoroughly researched. One of the key focuses should be on the drafting because there may not be occasion for you to change your pleadings in the later stage if you have missed out a crucial fact or legal ground. You must know what to speak and more importantly what not to speak. Court crafting is an art and it takes patience and keen openness for observing to learn on a daily basis which cannot be taught but has to be learnt. By combining thorough legal research, precise drafting, effective oral advocacy, and a deep understanding of constitutional principles, handling constitutional writs can be approached with the rigor and strategic insight they demand. This ensures that the complexities of these cases are navigated effectively, maximizing the chances of a favourable outcome. When I joined litigation, I ensured to be in the court and get the chance to hear senior advocates arguing their matters because one can learn a lot from mere observation as to how a particular case was presented and how the questions of the court were replied back. 

    What innovations or changes would you like to see in the Indian judicial system to improve efficiency and fairness in legal proceedings? Additionally, what steps are you personally taking or planning to take to help achieve these improvements?   

    We are presently in a rapidly growing and evolving legal system. Before the covid pandemic, none ever imagined the idea of having courts running online where lawyers and even litigants were attending courts from home. Now we have a seamless virtual platform where any lawyer can not only do the filing but also attend the court. We just need more adaptability and openness to it. However, that is mostly at the High Court and Supreme Court or other higher forums, which needs to be adopted at all the levels. This requires proper infrastructure and training. Once this is achieved, service of process, examination of witness, inspection etc. many such procedural aspects which delays the justice dispension system can be curtailed. We are currently transitioning our entire office from physical file to digital file and do not carry physical file to the dias. This way we have access to the entire office record, documents and relevant judgments with ease even if we are travelling. 

    You transitioned from being an associate to a legal head and then switched back to a senior associate role. What differences did you observe in both practice areas during these transitions, and what motivated your move back to the litigation?  

    You cannot compare being an associate in a corporate non-litigation firm with being an in-house counsel with any corporate organisation with having your independent practice as they all work within their uniquely peculiar sphere. The kind of work you do, the atmosphere you work in, the people you deal with on a daily basis, the issues you have to handle independently, they all are different and distinct. The initial journey is always difficult, nonetheless, they all have their own challenges and benefits. After graduating from law school; my primary interest was to work with a good corporate law firm, either in Delhi or Mumbai. I got a chance to work with two very reputed firms in Mumbai and a brief period to be legal head of a public limited company. However, after working for a few years I realised the quench of working on my own started bubbling up. I remember I had visited the High Court once for a matter related to one of my relatives and after observing the lawyers and court room, from there the idea of starting my own practice triggered inside. It was a very difficult and risky decision to take after investing years into Mumbai and then coming back to Jodhpur coupled with the fact being a first generation lawyer, but somehow I took the plunge. My initial few years as a litigation lawyer were difficult with self-doubts and fear as to who will give me work and how will I sustain; but I also believe that such fear keeps you motivated too.

    Mr. Sarswat, transitioning from prestigious firms to independent practice is often a significant milestone. Could you share how your independent practice is evolving, and which specific areas of law are you currently focusing on? Additionally, what qualities do you look for in interns who seek to work under your guidance? Any suggestions you would like to give them?

    I practice primarily constitutional writs, civil, arbitration and a few criminal matters too. Public Interest Litigation has inspired me to a significant manner which lead me to file and appear in many such PILs involving public issues around me, where we have been successful to get very favourable orders from Court either as the counsel or as the amicus curiae. We also do a lot of arbitration practice. The qualities which I aspire and look for in anyone who is willing to join litigation is patience, persistence and hard work. There is no shortcut in this profession and if one can maintain that, the sky’s the limit. I firmly believe that every person has a unique journey and the only comparison you should have is with yourself as to what you were one year back in the past. I find young lawyers getting impatient, which is inevitable though, but this is a lifelong building profession and takes time. One has to be well prepared with facts and position of law, latest judgment on the issue involved. If you are sincere and hardworking, you will automatically stand out and become noticeable. If one can manage to do that, one will be picked up at the right time from the right people and the path will appear. Lastly, never be too focused that you miss out little opportunities at the corner of your eyes and if you wish to take litigation as a serious and primary choice of profession, then only join it otherwise don’t start it with as plan B.

    Outside of law, what hobbies or personal interests do you pursue that help you maintain a balanced perspective?  

    I love to read and travel. I believe the more you read and travel, the broader perspective you achieve about various aspects of life. One should have a habit of reading at least 15-20 pages daily, other than office work. I also write and paint at times. Every new place you visit, teaches you a lot about yourself as a person too. I also love running and keeping myself physically fit because a healthy body can only give you a healthy mind. I love to listen to old school music and my favourite bands or artists are U2, Bob Dylan and all time legends Kishore Kumar and Jagjit Singh.  

    Get in touch with Rajvendra Sarswat-

  • The most challenging aspect of the international arbitration field is to break into the system which is often referred to as the “insular arbitration bubble”- Moin Ghani, Founding Partner, Alliance Laws

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

    Can you share with us how and why you decided to pursue a career in law? Was there a specific moment or influence that guided your decision?

    My pursuit of a career in law was more accidental than pre-meditated. I am the first lawyer in my family and did not have any idea about the legal profession before I decided to study law. 

    Even my study of the law was more out of curiosity about the subject than out of any career aspirations. By the time I was applying to go to university, I had studied science subjects like Physics, Chemistry, Biology, Mathematics, and Pure Mathematics in addition to the social sciences and humanities like Economics, Commerce, Language, Literature, and Art. I did quite well in all the subjects but did not feel I wanted to pursue higher studies in any of those subjects. Thus, I decided to study law. 

    I eventually fell in love with international law and decided to pursue a career in that arena even though it was not something most graduates pursued at that time. International law was definitely the path less taken.  

    What was your experience like studying law at the London School of Economics and Political Science (LSE), and how did it shape your career trajectory?

    Studying law at the LSE was truly a transformative experience for me. It was indeed a privilege to be taught law by the best experts. For instance, I studied Public International Law and was supervised by Sir Christopher Greenwood, who later went on to become a Judge at the International Court of Justice in the Hague. It was also an invaluable experience to be able to attend classes with a diverse group of international students while living in one of the most cosmopolitan cities in the world, London. The years at LSE clearly helped to broaden my horizon and exposed me to the career opportunities in the field of international law.     

    You’ve worked with top international law firms in the US and the UK. How did these experiences contribute to your expertise and influence your practice back in Bangladesh?

    I worked in the UK for Eversheds LLP in their shipping department. That work experience was my first foray into the world of arbitration arising out of shipping law. During those early years of practice, I realized that a good lawyer not only needs to understand law but needs a well-rounded knowledge base which helps to think outside the box. Many of the issues that arise during a complex case may often involve highly technical matters where one’s understanding of subjects like physics and chemistry come in handy. 

    In the United States, I got the fortuitous opportunity to work for one of the world’s leading international arbitration firms, Foley Hoag LLP. I had gone to the United States as a Fulbright Scholar on the Hubert H Humphrey Fellowship to study at the Washington College of Law at American University (“WCL”). By chance, one of the Adjunct Professors who was teaching me at WCL was also a Managing Partner at Foley Hoag LLP, which had just been engaged by the Government of Bangladesh for the arbitration of the maritime boundary disputes in the Bay of Bengal between Bangladesh, Myanmar, and India. I was fortunately in the right place at the right time and got offered a position at Foley Hoag. I was particularly keen on assisting my own country Bangladesh in an international arena. While at Foley Hoag I also got to work for countries like Ecuador and Venezuela in arbitration cases arising from investment disputes. I was part of the team that advised the Philippines in their maritime boundary dispute with China in the South China Sea.          

    My international experiences in the law firms in the UK and USA greatly helped me in my international arbitration practice. Not only did I acquire legal skills by working with the best international lawyers in the world but I also built personal lasting friendships that provide indispensable support to me even today.  

    What motivated you to establish Alliance Laws in Bangladesh, and what have been some of the significant milestones for the firm since its inception?

    The key motivation for establishing Alliance Laws was to have the freedom of choice about the kind of work I want to do. Now I only do cases that I find enjoyable or challenging. The law firm has grown exponentially since it was founded in 2019. We started with only two lawyers and in five years we have sixteen people working in the firm. Since our inception, we have assisted Bangladesh state owned entities in several international arbitration cases. In addition, we have also been involved in a number of complex cross-border transactions for international clients. The firm has been ranked by Chambers and Partners for its “Corporate and Finance” and “Dispute Resolution” works.     

    Given your extensive experience in international arbitration, what do you see as the most challenging aspects of this field, and how do you navigate them?

    The most challenging aspect of the international arbitration field is to break into the system which is often referred to as the “insular arbitration bubble”. While some progress has been made with respect to gender, ethnicity, and cultural diversity, the system is still somewhat closed and controlled by a small group of people. I feel there is a need to encourage greater diversity in the pool of professionals which work in international arbitration, both as counsel and arbitrators. 

    For my part, whenever the opportunity arises, I try to encourage appointment of arbitrators and counsel from different regions and cultural backgrounds. I also try to ensure that tribunals and my legal teams have a good gender and multicultural balance.   

    Could you highlight one or two international arbitration cases you’ve worked on that you found particularly challenging or rewarding?

    One of the most challenging international arbitration cases that I have worked on involved a dispute between my country, Bangladesh, and a Canadian energy company. The Canadian company had caused a massive explosion while negligently drilling a gas filled in northern Bangladesh and was about to get away without paying any compensation. When I was appointed to the case, half way through, I managed to get a team of lawyers together and succeeded in turning the outcome of the case in Bangladesh’s favour. It was difficult to take on a case which had been partially completed. However, in the end, it was rewarding to be able to change the outcome of the case through a combined team effort and a “never give up” mindset.     

    Lastly, what advice would you give to fresh law graduates who aspire to build a successful career in international law and arbitration?

    My advice to all fresh law graduates would be to read as much, and as widely, as possible. Reading cultivates the mind and makes one more empathetic. To be a good lawyer one only needs to understand the law. But to be a great lawyer, especially in international law and arbitration, one has to solve complex legal issues from a culturally sensitive manner. There is also no short cut to success. In legal practice, if one is to succeed one must be prepared to go per aspera ad astra (through hardship to the stars). 

    Get in touch with Moin Ghani-

  • “A good cross-examination has the potential to turn litigation in your favor. Every day in a lawyer’s life is an experience and a learning.” – Rajesh Ramanathan, Partner, Factum Law

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

    What motivated you to pursue a career in law, and could you walk us through your journey from your early days in law school to becoming a partner at Factum Law? Additionally, could you share some of the challenges you encountered during the initial stages of your career and how you overcame them?

    The Question should be ‘Who?’ and not ‘What?”. I owe my professional life to my grandfather Mr. V.V. Ramanatha Iyer who was a prominent Lawyer in the Vellore District. As a school going kid, I used to accompany my grandfather to the Munisiff Court at Ranipet where he predominantly practised. It was his wish that I take after him. I joined Law School much against the wishes of my mother who like many others at that time thought that I would end up a Lier to be a successful lawyer. It took a while to convince her and she reluctantly agreed after I promised her that I will not Lie. It was my grandfather who sowed the seed in me to be a Lawyer and it was he who taught me that a Lawyer can be honest, truthful and successful. Legal education in those days were more theoretical unlike today and we hardly ever stepped into a Court during our Law School days. Of course there were quite a few exceptions to this and a few of my friends started interning quite early. 

    But I was a Reluctant Lawyer, when for the first time I set foot in Court almost 29 years ago.  Growing up, I was very quiet, reserved and had all qualities uncharacteristic of a Litigating  Lawyer. When I started my practise as a junior to my grandfather at Ranipet, I was just happily  going around the corridors of the Subordinate Courts as a privileged grandson but without actually knowing the fundamentals of being a Lawyer. I  felt I was in the middle of a jungle with  my eyes tied shut. I did not know what was happening.  I became a lawyer because of my  Grandfather and also because I did not know what else to do with my life.

    What inspired you to specialize in contentious and non-contentious litigation in areas such as IP, corporate, and commercial laws?

    When we started our careers as lawyers, we had only two options. Either to litigate or go inhouse. Since I followed my grandfather’s footsteps, contentious and non-contentious litigation was the obvious choice. But to sustain and keep up with that choice is a completely different challenge. I would say, Intellectual Property Rights and Commercial Laws chose me rather than me choosing them. A year into practice, my illustrious grandfather advised me to relocate and start afresh with a good Senior Practitioner at the Madras High Court. He felt that the Subordinate Courts were being bifurcated and it would be difficult for me to run around from one Court to the other in the Vellore District of Tamil Nadu. I am glad I took his advice and moved to the High Court where I was given the opportunity to join the chambers of Mr. V. Veeraraghavan, one of the most prominent Lawyers in the field of Intellectual Property Law in Chennai then.  It was more like an institution where we got to learn the practice of IPR and commercial Litigation. Mr. Veeraraghavan was instrumental in tutoring many other stalwarts like Mr. Prabhakara Reddy and Mr. Perumbulavil Radhakrishnan who were also my mentors and still continue to guide me in my journey.  All these mentors inspired me and continue to inspire me to do well. And IPR as a subject is so unique and different from all the other areas of laws, it is but natural to be drawn to this area of specialization.  

    We noticed you’re a senior panel lawyer for ‘The Institute of Chartered Accountants in India.’ How did this collaboration come about, and what does your role entail?

    I have been a Senior Panel lawyer for ICAI  the past few years. The collaboration started after a process of application and selection through an in person interaction. As a Senior panellist, I am entrusted with representing ICAI before the Madras High Court in select matters of complex legal issues. It has been both a learning and a rewarding experience representing one of the premier Statutory Bodies of the Country. 

    Given your extensive experience, what advice would you give to aspiring lawyers looking to specialize in intellectual property law?

    The Legal profession generally is a very noble profession which is also very satisfying and rewarding to all the genuine practitioners. I would most certainly tell all the youngsters who are looking at Law as a career, that honest, sincere hard work would make you very efficient and successful. It is imperative to believe that a lawyer is allowed to interpret a law but not facts. 

    Our profession has spread its wings far and wide now in terms of the avenues for a lawyer to get into. Earlier a lawyer had no other alternative but to either choose litigation or become an inhouse Counsel. But the options that are now available are much more. However,  It is my firm view that every lawyer on their enrolment should litigate in any Court of their Choice and convenience for a minimum of three years before choosing any other option. Because Litigation teaches us everything that one needs in life including Man Management. Right from just seeking an adjournment, to substantial arguments it is just an art. I always believe that the lessons a young lawyer learns from litigation in the first three years, would keep him/her in good stead for the rest of his/her life in whatever they choose to do.  So my first advice, if I may call it, is to gain experience as a litigator for a minimum period of three years before they decide to opt for any other avenues of the profession. 

    As for Intellectual Property Rights, this is the only area of law whose value stems from the public perception of such IPR (except Patents of course) and therefore every case would be different from the other. This is also a subject that just keeps evolving with every new invention and/or creative work. This to me is the unique aspect that makes it even more interesting than any other areas of law. The entry of AI now is taking to  different heights and it would be interesting to see where else it goes. 

    Can you share any insights into the legal landscape in India, particularly in terms of intellectual property rights and brand protection strategies?

    The Legal landscape is pretty promising as I believe that India of all the Major economies of the World has the best IPR protection in terms of Statutory Laws. Having said that, I also believe that we have to improve a lot in its implementation. Our Judiciary has been doing a lot to improve/ fasten the time for delivering Justice which by itself is no mean feat considering the population and the number of Judges we have. 

    As for strategies, I keep thinking that the brand owners take a long time to realise the potential value of their IPR’s and more often than not, the time delay in seeking Statutory protection by way of registering one’s brands or Patenting their new invention results in them losing value. Statutory protection of IPR’s should be the first on the agenda for a brand to be valuable. Registering a brand alone is not enough but maintaining it and protecting it from infringement at the right time is also equally important. In my little experience, I have come across quite a few brands losing their brand value just because they did not take action at the right time. It is also imperative for brand owners to understand that the cost and expenses for protecting and maintaining their brand is more of an investment than just an expense. 

    Looking back at your career journey so far, what are some key milestones or turning points that have shaped your professional growth and approach to law?

    Looking back, It just amazes me that I am able to sustain in this competitive field and quite well. I would like to think that the entire Universe comes to your aid if you just keep working without thinking about the result or the consequences. I take this opportunity to thank all my Seniors who nurtured/ mentored me and who still guide me in my journey. There are quite a few turning points since the day I started my career as a lawyer. I very vividly remember my Grandfather’s loving advice to relocate to the High Court and the day I joined the Chambers of my Senior Mr. V. Veeraraghavan who helped me transition into a High Court Practitioner. 

    The year I spent at the Franklin Pierce Law School in the USA would be the turning point or a milestone in my career. It is not only the Legal Skills I acquired there that made it a milestone, but the people I met there and the multi-cultural life that I was introduced to, changed me as a person. I went in as an Indian and returned as a true International. I still am in touch with most of my friends and teachers and I will always cherish my year at my alma mater. This camaraderie with all these people in a foreign Country for one full year taught me to be affable and friendly to all and guides me in my approach to the Legal Profession even today. Starting our own firm ‘Factum Law’ in the year 2017 was another key turning point in my professional life and with the right people to work with, this has been a very interesting and rewarding journey so far. 

    The International Trademark Association of which I have been a member since 2008, has also shaped my knowledge throughout. The Annual Meeting every year and the opportunity to meet thousands of IP practitioners from around the world in one place is always satisfying. This also helps me and my colleagues in keeping ourselves updated with all the developments of Law around the world. 

    None of this would have been possible if we did not have the right team to depend on. I am eternally grateful to all my team members for being with me through thick and thin. Thanks to them I am certain of many more milestones in my Professional life. 

    Reflecting on your time at UNH Franklin Pierce School of Law, could you share your experience and highlight any notable differences you observed between the educational approach there and the legal education system in India? How do you think these differences have influenced your practice of law?

    The life I spent at Pierce Law is the most memorable and life changing. I would be failing in my duty if I don’t credit Pierce Law for all of my achievements so far in my life and whatever I am destined to do more in this professional life. The Education system is more pragmatic whereas we in India still focus on theory. I am however told that it is changing here as well. There are no lectures in the US education system but only discussion. Which means you have to be prepared to be part of the discussion in every class. And you will be tested in the exams only on the discussion you had in the class. So it is imperative that you are well prepared even before attending the class and you get to participate in the discussion. This I believe is the most pragmatic way of teaching subjects and I hope Law Schools in India follow suit on this kind of pragmatic education. This has greatly influenced my thinking and my preparation for a case. 

    As a faculty member at EBC Learning and an alumnus of the Franklin Pierce Law Centre, do you incorporate your international experience and the teaching methodologies you encountered during your LLM into your approach to teaching? If so, how do you adapt these methods to suit the needs of your students and the legal education landscape in India?

    Whenever I get the opportunity to address  the students on some topic of interest, I make sure I follow the lessons learnt at Pierce Law. That of being pragmatic in my approach. So I try to make it an interactive session rather than just a lecture. This certainly aids in the students improving their thought process and their knowledge. This approach is imperative for Lawyers. I am also of the view that no Law school or college in India produces  Lawyers. They can only produce a good Law Student. It is the legal practice that moulds a student into a lawyer and that takes a minimum of three years. So a pragmatic approach would equip the students better in their transition to a professional lawyer. 

    Could you walk us through what a typical workday looks like for you, and how do you ensure you stay updated on the latest developments in the legal field amidst your busy schedule?

    Life of a lawyer is very demanding and unless we are prepared to sacrifice that ‘me time’, it will be very difficult to succeed. There are times when one feels overburdened but that comes with the territory. A typical day for me starts at 9.30 AM if not earlier. That depends on my Court work. Evenings are spent in preparing for the next day’s work and so on and so forth. Law journals and commentaries accompany me many times even in my travels. There can never be a day where a lawyer can say or feel he knows everything and the day one feels as such, would either be his last day of practice or after his retirement. Since Law is something that keeps evolving and changing with times, we as lawyers have to keep updating all the time. So I would only say ‘keep working’ to keep updated. 

    Do you remember the first time when you fought a case? Please tell us some anecdotes that happened in the courtroom.

    Very Vividly. That was my second day at the Madras High Court. I was asked to appear for a contemnor in a Trademark Infringement case against a formidable and successful lawyer who later became a Senior Counsel. I remember struggling to even mouth ‘May I please your Lordship” and the Judge had to lean forward to hear me. I was so nervous that I didn’t even know how I reacted in a room full of stalwarts. Within a few months, I became better at it and started enjoying my appearances in the High Court. Full credit to my senior who constantly encouraged me. It is those opportunities that I got from my seniors that exposed me to successful litigation early in my life. 

    Could you share with us one of the most interesting and challenging cases from your career that still resonates with you, and walk us through the complexities you encountered and how you navigated them? 

    There are quite a few. Particularly at the beginning of my career where I was assisting a Senior Counsel in a Trademark case. It was an appeal and the Senior Counsel appearing for the Appellant swayed the Bench completely in his favour. It looked as though we wouldn’t even have a chance to argue. 

    When it was our chance, all we did was to pick some errors in the Appellants documents and in no time the Division Bench turned in our favour. It showed me what presence of mind and a thorough knowledge of every single piece of paper filed in Court could do. That was a lesson I carried all through my life and I still make it a point to thoroughly study the files. You never know where the spark would come from. 

    I have also enjoyed my experiences in appearing in trial Courts and conducting cross examinations. One can never be fully prepared to cross examine a witness and a presence of mind is most essential to be a successful trial Lawyer. Conducting trials is an art by itself and every Law Student should expose himself/herself to the art of cross examination. A good cross examination has the potential to turn litigation in your favour. I will end by saying that every day in a Lawyers Life is an experience and a learning. I most certainly love the challenges that this profession throws at me every single minute.

    Thank you 

    Get in touch with Rajesh Ramanathan-

  • “Successfully arguing appeals and securing victories for my clients taught me that persistence and a deep understanding of law are key to success.” – Vikas Sharma, Director and Principal Solicitor at Vikas Sharma & Co Ltd., Solicitors & Solicitor at LAWSMITH SOLICITORS’

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

    Reflecting on your journey from studying law to becoming a director at Vikas Sharma & Co Ltd, what specific moments or individuals inspired you to pursue a career in law? What were some of the challenges you faced and how did you overcome them?

    I come from a lineage of lawyers, with my maternal great grandfather practicing in Hissar, Haryana, and both my grandfather and father in Ratangarh, Rajasthan. Growing up in Ratangarh, I was deeply influenced by the respect lawyers commanded in a small town. Visits to court with my father and uncles were frequent, and the court premises felt like a second home. Initially, my interest wasn’t in the law itself but in the sweets and pampering I received from my father’s clients and lawyer friends. However, over time as I grew older, observing my family’s dedication and the impact they had on people’s lives inspired me to pursue law seriously.

    My father, the late Shri Shyam Sunder Sharma, played a crucial role in encouraging me to aim higher and move to the Supreme Court. I learned not only how to prepare a case from him, but also how being a lawyer is more than just a business but a way to help people and enjoy the process. One of the pivotal moments was my working with Group Captain Karan Singh Bhati at the Supreme Court of India, where I gained invaluable experience representing the State of Rajasthan. Group Captain Bhati was then standing counsel for Rajasthan. 

    The passing of my father and two uncles was a significant emotional challenge, prompting me to move to Scotland for a master’s degree in law. This move was both a personal and professional turning point, allowing me to start afresh in a new environment. The journey was filled with obstacles, but the support of mentors like Mr. Vincent Buffoni and Mr Matthew Cohen, and my persistence in adapting to new legal systems, helped me overcome these challenges.

    Can you share the journey of how you transitioned from practicing various areas of law to specializing exclusively in immigration law? What motivated this shift?

    The transition to specializing in immigration law was largely serendipitous. Once I qualified as a solicitor in England and Wales, I joined Vincent Buffoni & Co, a central London law firm. While working with Mr Vincent Buffoni, an Oxford graduate who was very humble and thorough, I gained experience in UK immigration law. Initially, barristers handled appeal hearings, but Mr. Buffoni trusted my abilities enough for me to represent clients. After gaining hands-on experience in immigration cases, I became interested in the field more deeply earlier 

    Having worked in London for a few years, I returned to Scotland where I had earlier completed my LLM degree. Since English and Scottish legal jurisdictions are separate, I had to pass conversion exams to become a Scottish solicitor. My litigation background allowed me to handle all kinds of court matters when I moved to Aberdeen and joined Mathew Cohen and Associates Ltd. There was, however, an increase in demand for immigration law services. Aberdeen, being the oil capital of Europe, had a clientele that required legal assistance for complex immigration issues. A growing number of cases and the complexity involved led me to focus almost exclusively on immigration law, which I found intellectually stimulating and professionally rewarding.

    With over 20 years of experience, what key insights have you gained about the intricacies and challenges within immigration law that may not be apparent to those outside the field?

    One key insight is the profound impact of immigration law on individuals’ lives. It’s not just about legal procedures but about people’s futures, their ability to stay with their families, and their livelihood. The emotional and personal stakes are incredibly high, which adds a layer of complexity and responsibility to each case.

    Another challenge is the ever-evolving nature of immigration law. Policies and regulations change frequently, requiring constant learning and adaptation. Navigating these changes while advocating effectively for clients demands meticulous attention to detail and a comprehensive understanding of both the legal and human aspects of each case.

    Could you please provide examples of some of the most complex immigration cases you’ve handled and how you approached resolving them? What lessons did you learn from these experiences?

    Compared to London and other major cities in the UK, Aberdeen’s clientele is different. As Aberdeen is an oil capital in Europe, most of the clients are well educated professionals working in the oil industry. Therefore, they engage you only when a case is too complex for them to handle. As a result, almost all of my cases are quite complex. It was last week that I argued an appeal in which the UK government refused the appellant’s permanent residence/indefinite leave to remain application because the appellant has served a non-custodial sentence in a criminal case. The Home Office lawyer accepted before the judge that the application should not have been refused given that the appellant’s application to work in the UK had been approved despite a criminal conviction. In my argument, I relied on the principle of legitimate expectation, which was well received by the Home Office lawyer. We had another appeal where the husband of one of our clients was being removed from the UK due to criminal convictions. As a result of hugging his coworkers, he was convicted. It was my contention that the immigration rules that governed his removal contained an element of discretion. In this case, neither the UK government recognized or explained why discretion inherent in the immigration rule was exercised against the appellant. The judge allowed the appeal. Another case involved a Thai lady who was married to a British national and they had two British children. After the marriage ended, the British husband relocated to another part of the UK with the children. Due to the expiration of her visa and lack of funds, our client was able to move to the new city where her ex-husband and children had moved. Since her children lived away from her, the UK government refused her application on the ground that she was not actively involved in the upbringing of the children. Despite living away from her children due to circumstances beyond her control, I argued that she still had a genuine and enduring relationship with them. The appeal was dismissed, as were the applications to the Upper Tribunal. As a result of the Court of Session’s intervention, the matter was referred to the Upper Tribunal, where the appeal was ultimately allowed. 

    The lessons I learned from cases in which I didn’t receive a successful outcome initially are that ultimately success will be attained if the legal point is in our favor regardless of how many judges dislike it. 

    What inspired you to establish your own law firm, Vikas Sharma & Co Ltd, in Aberdeen? How does it differentiate itself in terms of approach and client experience compared to other firms in the area? Also, what challenges did you come across during the initial days of your firm?

    I joined Matthew Cohen Associates as the head of the immigration law department in 2010. It was in 2018 that I joined The Chamber Practice as a partner. Since I was running both firms’ immigration law departments, I was responsible for providing the best service to my clients. As a result, setting up Vikas Sharma and Co Ltd did not make a significant difference in the way the firm assisted clients. Having my name on my firm helped my previous clients find me and gave me more freedom to run my business. Besides the procedural requirements for setting up a law firm in Scotland, which are quite onerous, I had no problems because I have been serving people here for more than 15 years and my previous clients found me through Google reviews.

    Considering your background as an advocate in the Supreme Court of India, how do you perceive the differences in legal systems between India and the UK? Are there any insights from your experience in India that you apply to your practice in the UK?

    The process of preparing a case for court and presenting it to the court does not seem to differ much between India and Scotland. However, there are many other distinct differences, such as the requirement that a law firm be insured before starting to practise, and the Law Society of Scotland is much more strict in its regulation of this profession than Indian bar councils. At the outset, lawyers here are required to provide engagement letters outlining the costs involved and how unhappy clients can make complaints. The Law Society of Scotland regularly inspects law firms to ensure compliance with rules of practice. Keeping the office and clients’ bank accounts up-to-date is a mandatory requirement. Generally, lawyers specialize in one area of law, such as family law, immigration law, or criminal law. Lawyers must advise clients efficiently because the cost of cases can be enormous, otherwise, they will be liable for claims and complaints. Once the pleadings are complete and the case is ready to proceed to the evidence stage, the lawyers of the parties determine if their client’s case deserves to proceed to the next stage since the client could end up paying the other party’s legal costs. As far as I’m concerned, the Scottish legal profession is much more strictly regulated than that in India.

    Transitioning from practicing law in India to establishing yourself in the UK legal system must have been a significant change. Could you share your experiences and insights regarding this transition? What were some of the biggest challenges you faced, and how did you adapt your legal expertise to the new environment?

    Interestingly enough, I struggled little to establish myself as a lawyer here. Vincent Buffoni, the partner of the central law firm and an Oxford graduate, had earlier shown me trust, and later Matthew Cohen, a principal of a Scottish law firm, gave me an opportunity to appear in Scottish courts. In this region, I am the only Indian lawyer and have even appeared in smaller towns such as Peterhead and Stonehaven where English is spoken in a very different accent. In terms of my work, speaking English with an Indian accent or my origin has not had any adverse effects. My experience as a lawyer in India extends even to smaller towns such as Ratangarh and Shri Dungargarh, as well as the High Courts of Rajasthan and Delhi and the Supreme Court of India. Having moved from a small town to a higher court already prepared me to handle the changes and adapt to them. I believe that when it comes to practising as a lawyer, there are certain requirements regardless of the country or court: knowledge of facts, knowledge of applicable law, understanding the stakes for the client, empathy towards the client, and the ability to represent the client before a judge.

    Any new court requires adaptation, whether it is the District Court of India or the Supreme Court of India. In the same way, adapting to the courts of the UK involves a series of steps. As part of my adaptation process, I sought guidance from experienced colleagues and continued learning about the nuances of the UK legal system. A crucial step toward becoming an English and Scottish solicitor was passing the conversion exams. Additionally, I qualified as a solicitor in Ireland and worked with a firm there in 2017. I was able to successfully navigate this transition by embracing the differences and leveraging my foundational legal expertise.

    With your wealth of experience in the legal profession, what advice would you offer to the new generation of aspiring solicitors and advocates who are just beginning their careers, particularly those interested in specializing in immigration law?

    For aspiring solicitors and advocates, my advice is to develop a deep understanding of the law and stay updated with the latest developments. Immigration law is a dynamic field, and continuous learning is essential. Practical experience through internships and mentorship from seasoned professionals is invaluable.

    Specializing in immigration law requires empathy, patience, and a genuine desire to help people. Building strong client relationships and maintaining integrity in your practice are crucial. Always approach each case with meticulous preparation and a commitment to achieving the best outcome for your clients.

    We may enter this noble profession motivated by the motivation to help people, but it is the discipline that earns us credibility and reputation with clients, colleagues, and the judicial system. 

    Due to the ever-changing nature of immigration law in the UK, no one can claim to be an expert. It is therefore important that we stay on top of any amendments to the rules, regulations, policies, and statutes as students of law. 

    With the demands of your legal career, maintaining a healthy work-life balance is crucial. Could you share some of your favorite ways to relax and unwind outside of the office? How do these activities contribute to your overall well-being and productivity in your professional life?

    When I am in control of my work, I feel relaxed. Consequently, I try to answer all my emails and phone calls by the end of the day. If I am unable to complete the work, I email the client when I will complete it. In the end, it comes down to managing the expectations of others.

    After a difficult day at work, watching a good movie or web series helps me unwind. Since I have a sweet tooth, I run approximately 5 kilometers a day and do push-ups and squats on alternate days. Scotland is close to nature and picturesque, so I have chosen to settle there. It is relaxing to take a drive in the Scottish countryside and to have an Indian cup of tea to clear my mind. In spite of living in Scotland for almost 20 years, I remain a teetotaler and a vegetarian, so I still drown my stress in tea rather than Scotch.  

    Get in touch with Vikas Sharma-