Super Lawyer

Category: Interviews

  • “From Supreme Court Prodigy to Founder of Kunal Yadav & Associates”, Kunal provides a glimpse into his prolific career, spanning from solo practice to collaborating with legal luminaries in some of India’s most complex cases.

    “From Supreme Court Prodigy to Founder of Kunal Yadav & Associates”, Kunal provides a glimpse into his prolific career, spanning from solo practice to collaborating with legal luminaries in some of India’s most complex cases.

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Can you tell us about your journey into the field of law? What inspired you to pursue a career in law, and how did you get started in the legal profession

    Being a first generation lawyer, I persuaded my family that I want to be a lawyer and make a good career in law. To be very frank, I must say the journey in this legal profession has been a roller coaster ride for me. Let’s dive back in time to know more about why and how I chose the legal profession as a career. In the year 2007, I did my schooling from Cambridge School Noida.  I was least interested in accounts so it was easy for me to make up my mind about not pursuing CA/CS Course for sure. After that decision, I decided to pursue a BBA Course  and appeared in the entrance examination for 3 continental BBA courses from Amity University Noida.  Although I was selected, I was not satisfied at all whether to pursue it or not. Later I came to know, accountancy is also included in the BBA Course, and I couldn’t deal with the accounts subject so decided to move ahead and quit this course.  Just like 3C BBA, at that point of time,  the 5 years integrated BA.LL.B(Hons) course was gradually evolving. I pursued law with Amity law school, Noida and graduated in 2012. Furthermore, I did my masters from O.P. Jindal Global University, specialisation in Corporate Law in the year 2014. 

    INSPIRED BY WHOM – 

    Succinctly to say that, inspirations are so many luminaries of our legal profession, but one person who inspired me was the late Sh. Ram Jethmalani Sir. In the first year of law, I came to know about the Jessica Lall murder case wherein in 2006, the trial court had acquitted Manu sharma in that case. The first time I heard about Ram Jethmalani sir was in the aforementioned case who was defence counsel of Manu Sharma. I did a little bit of research later on.  He was noted for his legal acumen and expertise.

    Also for the parents, Selecting/Choosing a career option on behalf of their child is one of the major decisions that they undertake in the initial stage of commencement of their child career. 

    REASON WHY I CHOSE CRIMINAL LITIGATION  OVER CORPORATE/IN HOUSE LAW PRACTISE – 

    By the time I jumped to fourth year in law, I had interned in a few corporate law firms including IP firms such as Sai Krishna and Associates. Prior to that,  I already had interned for a month under tutelage of Senior advocate Rakesh Dwivedi Sir and K.K. Manan, Sr. Advocate, chairman of Bar council of Delhi . By this time, I had partially decided that I would go for litigation.  It was the year 2012 where I interned  for 3 months under tutelage of Advocates Subhash Gulati Sir  and Sima Gulati Ma’am (Gulati and Associates), who were and still are my first mentors in this legal profession. These 3 months were fruitful for me as an intern which aided me in taking the right decision of which area of law to practise in coming years.

    They have been doyens of the legal profession and have nurtured so many successful lawyers. I feel honoured to have been a part of that law firm (G&A).  

    You have an impressive and diverse background, working in various areas of law, including criminal trials, original side practice, and corporate matters. Can you share some of the key experiences or cases that have had a significant impact on your career and expertise

    In mid-year 2012, I initiated my career in the field of criminal law for 2 years straight and got associated with the law firm of Gulati and Associates. I had a short yet effective stint as a junior advocate for Subhash and Sima Gulati . Having worked under Subhash Gulati and Sima Gulati (Sir and Ma’am) all this while, proved to be beneficial for me as very closely, I learned the tricks, tactics and specially the art of cross examining the witnesses in criminal trials. In fact,  for a few months, I started assisting seniors in criminal matters listed in district courts. To name the few it includes dowry related case, dowry death case, murder case and 2G Scam case. For beginners in this legal profession, reading, researching the case laws, interpretation of the laws/provisions and putting all of it in drafting are few of climbing the ladder of district court practice. Next comes the oral advocacy , i.e. to say mastering the submissions/oral arguments before the court, that I learned at much later stage.

    So, initially I started appearing in all district courts in Delhi and sought Passovers in complaint matters, heinous crimes /non heinous crimes (both pre trial and post trial stages matters) as well.  A person is bound to make a mistake in his /her commencement of his trial litigation and that’s exactly what I did. The one thing I learned from the seniors , at the very beginning in starting 6 months, appearing before MMs (Metropolitan Magistrates) or ADJs/DJs (Additional/Assistant District Judges/District Judges) is that never ever lose your patience during arguments, the ability to handle the situations, be crisp on law and facts and one should know when to counter/rebut the arguments on the questions asked put forth either by the opposite party counsel/Hon’ble Judges.    

    I can tell you the first trial case I was involved in was of dowry one. In that case, we were representing husband. Senior told me to prepare the tabular chart by highlighting the  general allegations and specific leveled against the husband and other family members and accordingly find out the relevant judgments on the issue . I  attempted in searching the judgments day and night, on the proposition related to dowry law ,i.e. 498a, but couldn’t find it in our favour.  Patience is the key. Then next day, I restarted researching on ratio ,found out the judgments and Just before At the stage of final arguments, cited the relevant judgments before the court, that lead to an acquittal. That was the pride moment for me in assisting senior and in adjudicating the matter. 

    It is undoubtedly a fact which cannot be ignored that apart from senior lawyers, in an advocate’s life Role of clerk also plays a vital role in building up the career of a lawyer. Clerks are invaluable. 

    They inculcate practical knowledge  pertaining to court filing procedures/inspection of files in courts /High Court/ Supreme court inter alia.   I remember Jitendra Kumar (who is now an advocate)  is one such person who throughout has aided  me in this particular field . 

    ROLE/ IMPACT OF SENIOR COLLEAGUES IN MY LIFE – 

    I always keep the relationship with my seniors at the beginning of my career at a high pedestal.  No matter how many times you seek help from them, they will clarify your doubts in every possible manner. I discovered it’s essential to be enthusiastic and open to learning new skills, asking for more work and being curious to learn and ask questions.  I thank my seniors  and acknowledge their indisputable efforts namely as Advocates Sugam Puri, Shikha, Kunal Raheja, Navneet, Khan, Shammy, Rahul, Jatin Sapra for rectifying my mistakes in drafting and  other consequential areas. 

    Post 2015 and till 2021, I had worked with other seniors namely Advocate Vikas Arora, Ardhendumauli kumar Prasad (AOR) (AAG, UP), Sr. Adv S.R. Singh (Former Justice of Allahabad High Court), Advocate Arvind Kumar Shukla gaining abundance of experience in land , service, appointment, education, excise matters ,criminal , landlord tenant arbitral disputes, property matters. I cannot thank my seniors enough for giving me the opportunity to argue independently in various forums/courts. 

    The  regular bail granted to my client I defended in the POCSO case is one of the major takeaways of my litigation that I cherish the most. 

    Not to forget the landmark judgment of supreme court in Swiss Ribbons case v/s Union of India that upheld the validity of IBC Code in 2018, A separate writ was filed from our office and that was tagged along with several other petitions) and the fate of the judgment decided in the main petition decided in other cases including ours. So, by virtue of the judgment delivered by the 3 judges bench, the matters tagged were disposed of, technically without listening to the side of petitioners, to which I think it shouldn’t have happened. 

    There are numerous cases which I can’t mention all of it here. So keeping it in short. 

    You mentioned working with Dr. Pradeep Kumar Rai, Vice President of the Supreme Court Bar Association. What were some of the most valuable lessons or experiences you gained during your time with him, and how did it shape your legal career?

    Since I already had experience working with Senior Advocate and briefing seniors on earlier occasions, prior to joining him, it was like a cherry on cake for me. Before becoming Advocate on record, I worked there as a senior associate and handled a variety of matters of the Supreme Court, District Courts, Tribunals as well. One of the memorable experience with him was that as soon as I joined his office in the year 2021, I got the opportunity to brief a criminal matter before Vikas Singh, the then President of Supreme Court Bar association, led by Pradeep Sir.  It was an enthralling experience to assist and brief Vikas Sir in the criminal matter.  As a young lawyer, it is the duty of him/her to rise to the occasion and see to it that the faith and trust of the Senior should not be shaken.  Briefing and assisting senior is two different aspect altogether. The sharpness of mind, argumentative skill, confidence, organized, persuasive, intelligentest are the components of becoming a sharpened advocate.

    Amongst so many valuable lessons taught by Pradeep Sir, one of them out of so many of them was:

    ‘Never do work half heartedly, do it wholeheartedly and with confidence’, Such words motivates you to do better in the longer run. Some of the things that I have learned from him would play a vital part in my long journey in the field of litigation. Essential things before briefing a senior advocate

    For E.g. Reading the facts in a crisp manner, make sure to note it down if you are not capable of grasping it initially, note down the provision/law, if any involved pertaining to that case, qua the judgments in your favour or against you, make yourself aware about the day to day judgments of various High Courts/tribunals/forums and of course, of apex court,  briefs has to be shorter, highlight the main ground of the case and so on so forth. It is true to say that recognition as a lawyer in the legal field is the prominent one. The face value and the recognition that I had received as a junior of Pradeep Sir is invaluable. It is something which doesn’t last but you have to create your own name to sustain in this profession and that is exactly what happened after working with sir and post clearing advocate on record examination in 2023.

    One of your recent achievements is becoming an Advocate on Record at the Supreme Court of India. Can you tell our listeners about the significance of this accomplishment and the responsibilities that come with it?

    As a first generation lawyer, It is a matter of pride, honour, privilege to become a reputed part in the highest court of country

    Nowadays, the debacle of professionalism and ethical standards dropping day by day in Advocate on records has seriously concerned the judges of supreme court. AOR has much more onus rather than merely signing of the petition. On behalf of the party, an Advocate on Record can file a petition, draft an affidavit, file a Vakalatnama, or any other application at the Supreme Court. A registered clerk assists AOR in procedural aspects.

    The court not only requires AORs physical presence but effective assistance from AOR is also required. He is a seeker of justice for citizens of this nation. An AOR is much more accountable than a senior advocate , who is responsible for whatever is written and pleaded by putting his appearance to maintain solemnity of court records. The institution of Aors is to facilitate working of court as mentioned in Order IV Rule 6 of Supreme court Rules.

    For the first time, as an intern I entered the premises of Supreme court in the year 2011, at the time of pursuing law (4th year), vacation bench was presiding In the court no.1 where bench of former CJ S.H. Kapadia and J. Altamas Kabir were taking up the urgent matters,  I was awestruck seeing the arguments by some of the senior lawyers at that time and then I had decided in my mind that I will soon practise here. 

    Let me tell you firstly about the Advocate on record examination. Every year the Supreme Court of India conducts an Advocate on record exam for the lawyers who want to establish his/her own practice in the Supreme Court. It is one of the  toughest examinations in the fields of law attempted by numerous lawyers. Precisely to say every year around a thousand lawyers/aspirants having an experience over five years or more, so, write this lengthiest exam. And only a few could crack this examination. Consecutively, in Successive years 2021 and 2022 examination approx. 500 lawyers have become advocates on records, prior to this, the numbers were very minimal. At Personal level, the Significance of this accomplishment becomes imperative for two majorly reasons :- Firstly, a non- legal background lawyer cracking this examination, Secondly, it was essential for me to make my name and register it in the Supreme court, by hook or by crook and I did it in the 3rd attempt.  Failing in the last two attempts given in 2018 and the post covid, in 2021  were depressing years. Then I found a ray of hope and flushing out all my negative approaches, appeared again and cleared the AOR Examination in my 3rd attempt. They say ‘TRY TRY UNTIL YOU SUCCEED’. 

    Could you share some insights into your daily work routine and the challenges you face as a legal professional, especially when dealing with cases in the Supreme Court and High Court?

    From the past year, I am into independent practice, the timings are a bit relaxed. Prior to this, it was bit hectic and as it should be since a fresher/junior during commencement of his/her practise either in litigation or at corporate, whatsoever the field may be,  is supposed to do constant hard work, to be persistent in carrying out various tasks of various courts in order to succeed in legal profession and that’s exactly just like others I had followed the same.  

    I wake up, have breakfast, drop my kids to school and then rush to the court in early hours as I don’t want my cases listed to get automatically Passover and then to wait for the whole day for my matter to reach. By this way, reaching the court, either its High court or Supreme court or any other district court, I avoid traffic congestion. You have your whole day once I am done with my matter. This is the kind of work I learned at the initial stage of my internship and then carried it off in my early stages of litigation practice.  

    Above all this, Fitness plays a significant role in shaping my legal career. I have become more focussed, punctual, more energetic, less impulsive after doing some workout in late evening.   

    Our routines become ingrained in our brains. They are made up of a series of habits. Changing your work routine is difficult, for it requires tackling many habits. 

    In your extensive career, you’ve handled a wide range of cases and legal matters. Are there any particular cases or moments that stand out as particularly memorable or challenging for you?

    From 2012 till mid 2023, I have had encounters with multiple cases in criminal side, civil side, corporate side as well, both at district, High Court and Supreme court. My memories with each case are very special because of which I grew as a lawyer and as an individual , I not only thrived for social justice but also embraced life long learning. 

    I find matrimonial disputes and child custody cases are the most challenging ones, since you have to fight tooth and nail to defend your client whether it’s a husband or a wife, or the case relates to custody of a child. Mediation plays a vital role in settling the disputes between the parties. There was such a peculiar case where I was representing husband, a retired IAS Officer in multiple cases filed against my client by his wife who was also an retired IAS officer, that is to say, maintenance u/s 125 CRPC, Domestic violence case under section 12, and FIR was already lodged u/s 498a. They were into court battles for so many years and the remedy I could see was through mediation. However, in a number of dates fixed for mediation, the matter could not be solved and it went back to court again and now its sub-judice. So many sittings in mediation and yet marital conflict- issues involved between both aged parties remained status quo and didn’t sorted it out.  

    For instances some of the cases I assisted and as independent counsel argued for are listed below  : – 

    1. Acquittal of husband/client in false dowry demand case (u/s 498a, Sec 2/3 DOWRY Prohibition act)
    2. 12 Writ Petitions before Delhi High Court against setting aside ex parte order of labour court, filed on behalf of management company to reinstate services of labour from date of their termination along with back wages  – notice was issued and Settlement arrived between both management and employees at Later stage. 
    3. Statutory Bail granted under POCSO Act 

    At present, I am handling various arbitration matters with land acquisition, both at district level and high court level, which is a bit complicated but intriguing also.   

    Given your experience in the legal field, what advice would you offer to law graduates or young lawyers who are just starting their careers in law? What key principles or values have helped you succeed in your journey as a lawyer? 

    Nowadays, a career in law opens up a plethora of possibilities. Firstly, the law graduates/young lawyers should explore career options and must be decisive in their choice of practise whether its litigation practice, (civil side or criminal side), law firm, corporate practise, judicial services , academics and research, Public prosecutor,  Judge Advocate General  (JAG ) Officer.  

    Learning to practice law can be daunting sometimes and it takes some time for junior lawyers to comprehend the technicality and procedural court work. Don’t disheartened, discourage and lose your heart if you are unable to understand the functioning of the courts. You will get it through your sheer hard work, by dint of persistence, self determination. Moreover, read the judgments of supreme court, High courts, Tribunals etc. to enhance your knowledge on various laws discussed in several judgments. Any case, in a free time, if you don’t have anything to do, or not in a mood to research, then peruse constitutional law judgments. Establish your IQ more on constitutional aspects. By reading judgments, you merely not only improve your legal vocabulary, it gives you a better understanding of the law and the legal idioms/ phrases that is being used in the judgments, you can learn it also by continuously reading it. All these you can put it in drafting and in your communication skills which further cultivates in honing your argumentative skills before the court.

    You can regularly  read whether from online legal search engines or from journals, depending on your preference.  In this age of technical advancement, one can now easily access and also learn the art and craft of legal arguments/submissions made by legal luminaries in constitutional hearing matters. 

    I have come a long way from being a mediocre law student to a lawyer holding the highest position in the Supreme court. I have always been a keen learner, enthusiastic, and determined person. Giving the best in your profession and Being an honest to your profession has been my primary goal. Time management is the key to success. Value the time. I valued the time at each interval of my litigation practice. My next advice would be ‘value the time, don’t waste it. Time won’t come again. Take baby steps at once and keep working hard, success will come your way, if not today, then in coming years.  

    “AT ANY STAGE, DO NOT UNDERVALUE YOU, UNDERESTIMATE YOURSELF, UNDERMINE YOUR SELF BELIEF, UNDERMINE YOUR SELF DETERMINATION” 

    As the founder of your own law firm, “Chambers of Kunal Yadav,” what motivated you to start your practice, and what are your goals and vision for the firm’s future?

    I am sure that every law student / graduate lawyer has this huge dream of having his/her own law firm. Mostly , some of them initiate the setting up of a law firm, right after graduation , some of them don’t start them at all. While few of them start a bit late. In today’s competitive environment, it’s a challenge for even the most qualified lawyers to maintain and grow a successful law practice in India.  

    I have quite an experience in various law firms based in Delhi and after witnessing the positive growth of associates , working under a good leadership, thus in a positive environment and working cultures of those litigation law firms, I took the decision of having my own firm. Who doesn’t want to be his own boss , right ? 

    I had thought of establishing and commencing my own firm some day. Before leaving the last office where I worked, I had completed 10 golden years in the legal profession. As of now It has just been a year as an independent practitioner, let’s see how and where this wind goes . 

    I always believe that a healthy environment in the law firm should sustain rather than a toxic environment.  

    As a founder of my  new firm, I am looking for new avenues, new recruits which would aid in taking the firm to greater heights.

    Get in touch with Kunal Yadav

  • “A Legal Maestro’s Journey from Army Aspirations to Intellectual Property Mastery” – Explore the expansive landscape of legal expertise, ranging from Intellectual Property Rights to general litigation, An In-Depth Conversation with Aditya Dhar, Principal Associate at Vaish Associates

    “A Legal Maestro’s Journey from Army Aspirations to Intellectual Property Mastery” – Explore the expansive landscape of legal expertise, ranging from Intellectual Property Rights to general litigation, An In-Depth Conversation with Aditya Dhar, Principal Associate at Vaish Associates

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Can you share a bit about what inspired you to pursue a career in law and how you ended up specializing in Intellectual Property Rights?

    As an adolescent, I was actually always inclined towards joining the army as I was fascinated with the uniform and the discipline that comes with it. I had plans to go to Rashtriya Indian Military College (RIMC) for schooling but fate had other plans and that took a backseat as I grew up. As time passed, I had a young man’s realisation that I was soft spoken but always wanted to put forth my point. Being a lawyer, I felt, would give me an opportunity to channelize this desire. Being a lawyer at that time, or so I thought, meant being aggressive. I had a different view though. I thought that if I blend two extremes I would rather grow as an individual. So to answer your questions, it was my desire to grow as an individual that inspired me to pursue law. As a first generation lawyer, I did not have anyone to look up to and follow the same path. Since my first day in this profession, I was more than happy to wear different hats and try out different fields of law. Having said that I was always interested in the litigation part of the profession because, as I said, my opportunity to grow as a person would, at least in my mind, come when I was appearing before a judge and thinking on my feet. While I was exploring different fields of law, one of my seniors in my early days, from whom I have learnt a lot, had specialization in IPR and gave me opportunities to explore the field.

    Beyond the courtroom, we hear you’re quite the legal wordsmith. What inspired you to start writing legal articles, and do you have a favorite topic you’ve covered so far?

    I was told in the beginning of my profession that litigation has three basic pillars which are drafting, research and appearance before the courts. Fromday one, I had an inclinationtowards drafting part of the profession and was always interested in writing. My seniors always pushed me to write articles as they always said that articles are the best way to reach people and educate those who are not from legal background. It is also a marketing tool. You can never pick one topic, but my idea of writing articles is focusing on the basic principles of law which are easy to understand from a layman’s point of view.

    Your expertise spans a wide range, from Intellectual Property Rights to general litigation. If you had to choose one area of law that you’re most passionate about, which would it be and why?

    I may get criticized for this but it will be unfair to choose one area of law. My passion lies where the client’s need is. If a client’s need is initiating an arbitration proceeding, I would have to go with that. If the same client wants to file a criminal complaint, it is my duty to pursue that recourse as well. But before going into different domains of law, the most important thing is to gain the trust of the client by giving the client the desired results. Having said that, it impossible to cater to every need of the client and you need to broadly identify your strengths. Since you have put the “passion” question, it would be safe to say that the commercial side of the profession whether it is a commercial suit including IPR or any branch of it like arbitration or white collar crimes interests me the most.

    Being in this profession for the last 10 years and being associated with Vaish Associates since 2018, you’ve seen the legal landscape evolve. What do you find most exciting about the current legal environment, and are there any upcoming changes you’re particularly interested in?

    Needless to say that the legal profession is ever growing. The current legal environment is more commercial driven. The advent of commercial courts act and commercial courts have proved that future is more commerce driven. However, since the world of commerce has economic advantages, the courts do not want to indulge in unnecessary litigations. For this purpose, it has become mandatory before filing a commercial case to try and settle the case by filing a pre litigation mediation application which filters out such unnecessary litigations. The courts have also been reasonable in doing away with such mediation application if the court is convinced that the case in hand is urgent and that such application would hamper justice.

    Since we are talking about the commercial era, one cannot forget about arbitration. Recently, it has been held that by the Apex Court in case of NN Global Mercantile v. Indo Unique Flame that an arbitration agreement cannot be acted upon if the stamp duty on the said agreement is not paid. This has led the parties entering into an arbitration agreement to pay the appropriate stamp duty which was many a times not paid due to N number of agreements with different parties, and if the same is not paid on the existing agreement, courts have the power to impound the agreement. However, a seven judge bench of Supreme Court is reconsidering the said judgment, wherein order is reserved and the same is awaited as on date.

    It is interesting to see that how after covid, the courts are more digital friendly. Lawyers today have the option to appear before a judge sitting in the comfort of their home. Digital courts are established for taking up cheque bouncing cases. Court filings are done digitally. Trademark hearings are conducted through VC. Having said that, one may also argue that the profession has lost its charm by being digital and attending hearings through VC.

    Your educational journey, from Apeejay School to being a first generation lawyer and becoming a Principal Associate at Vaish, is quite impressive. Along the way, were there any mentors or role models who significantly influenced your career choices or approach to law?

    I feel mentors are not just people. Even situations can be mentors to you. As far as people as mentors are concerned, I would say that there are different kinds of mentors. There may be people who unknowingly help you on the way. Sometimes difficult situations are created by difficult people, but the important thing is what you can take from those situations and learn from it and treat that situation as a learning experience. In this profession, if you are a first generation lawyer, you have to be your own mentor.

    Beyond the legal realm, what’s a passion or interest you have that might surprise people? How do you incorporate this into your life, especially during busy periods in your legal career?

    People say that I am a good singer. We had a band in my school days and I was the lead singer in that. But now it is just a hobby and a way to entertain friends and family. Besides this, whenever I get time, I love being in the mountains close to the nature.

    Finally, what advice would you give to recent law graduates who are just starting their legal careers? What lessons have you learned along the way that you believe would be valuable for them as they embark on their own journeys in law?

    Be thorough with whatever task is given to you. Remember devil lies in details. Choose your strength amongst the three pillars of legal research, drafting and court crafting and play with it. Do not take for granted the other pillars. Be soft spoken no matter what people say about how a lawyer should be. Never let anyone guess what is going on in your mind. Sincerity towards your profession and towards the task in hand can take you places. Lastly, it is important to understand that in the present world, unless you can market what you create, your creation may become useless.

    Get in touch with Aditya Dhar-

  • “From Legal Legacy to Entrepreneurship”- Learn about her transition from aspiring journalist to a first-generation lawyer, fueled by the transformative power of legal concepts and a calling that couldn’t be ignored, Founder of Law Office of Paromita Majumdar

    “From Legal Legacy to Entrepreneurship”- Learn about her transition from aspiring journalist to a first-generation lawyer, fueled by the transformative power of legal concepts and a calling that couldn’t be ignored, Founder of Law Office of Paromita Majumdar

    This interview has been published by  Priyanka Karwa and The SuperLawyer

    You have an extensive legal career with experience in various roles and different areas of law. can you share the story of how you got started in law and what motivated you to pursue a career in the legal field?

    Choosing a career path is often a journey of self-discovery, and mine was no exception. My initial plan was to pursue journalism. I have always been an unabashed talkative soul, fuelled by a desire to communicate and express myself.  I have always been fascinated with languages, especially English, Hindi, and German. So, the power of words and the art of expression held a special place in my heart. Political science was another one of my favourite subjects. All of this felt like the perfect backdrop for a successful future in journalism.

    Right after my last board exam, my parents suggested that I explore the field of law, in addition to pursuing a career in Journalism. At first, I was somewhat hesitant. But as they say – curiosity is a powerful force. As I delved into the subjects covered in law entrance exams, a transformation occurred. Legal concepts and the intricacies of the justice system began to grip my imagination. The more I learned, the more I realized that law had the power to shape societies, challenge injustices, and, most importantly, provide a platform to voice my convictions.

    So I decided to take the plunge and appear for law entrance exams. To my delight, the study of law ignited a profound passion within me. It wasn’t merely an alternative path; it was a calling I couldn’t ignore.

    I achieved a commendable rank in the Delhi law entrance exams, and got my admission to Amity Law School, Delhi (Guru Gobind Singh Indraprastha University). At that time i.e. in 2007, Amity Law School, Delhi was recognized as the 7th best law college in India.

    My decision to enter the legal profession is not solely rooted in academic interest; it’s also deeply intertwined with a rich family legacy that has shaped my aspirations. From a young age, I heard captivating stories about my grandfather (Dadu), the late Sh. Jadhugopal Majumdar, who was a renowned criminal lawyer in Bangladesh. Unfortunately, I could never see him in person but his reputation as a legal luminary and his unwavering commitment to justice made a lasting impression on me.

    In addition to my grandfather, my family boasts another legal stalwart in the form of my father’s maternal grandfather, the late Sh. Sharatchandra Sengupta. His brilliance in the legal profession was so evident that people at that time used to admire him as the sharpest of lawyers in Bangladesh. He selected my grandfather as his son-in-law, recognizing the extraordinary talent and dedication that ran in the family. The union of these two legal luminaries not only enriched our family history but also cemented the importance of the legal profession as a cornerstone of our legacy. Many of our family members hold a firm belief that, following in my grandfather’s footsteps, I have the potential to carry the torch forward.

    How do you manage and oversee a diverse team while handling cases across different locations in your current role as the Founder of the Law Office of Paromita Majumdar?

    I firmly believe that effective leadership begins with personal growth and capability development. To lead a team successfully, one must first become a credible individual that others can look up to. A leader must lead by example and by themselves demonstrating the values they expect from their team. It’s a principle I hold dear and consider fundamental to any leadership role. This not only builds respect and trust within the team but also provides a solid foundation for effective leadership.

    I also believe that as a senior, you should be well-acquainted with the unique strengths of each of your team members. In a dynamic place like Delhi – where there are numerous courts and tribunals to be covered in a single day – it is important to be able to delegate tasks to the team strategically according to their expertise, capabilities and interests. It’s a practice that not only enhances our productivity, but also encourages their personal and professional growth.

    However, I won’t sugar-coat the challenges of managing an inter-city legal team. It demands trust, self-discipline, constant evaluation, follow-ups and introspection. The demands of this profession can leave little room for your personal life. Yet, amidst these complexities, there is a deep satisfaction in doing what you love.

    I especially relish being involved at every level, from coordinating with associates outside Delhi to personally representing our clients when required. Stepping out of my comfort zone and practicing in courts outside Delhi has been particularly fascinating. While Delhi has always been my primary place of practice, I have a deep appreciation for the unique procedural intricacies of other cities. I love making professional bonds with lawyers practising in different regions of the country. These bonds prove invaluable when our clients require representation in cities beyond Delhi.

    Time management in order to make the travel plans is another challenging aspect, sometimes when I have to attend a matter outside Delhi, and there are matters also listed in Delhi Courts, that is when my immediate team in Delhi comes to the rescue.

    In essence, managing a legal practice and a dedicated team is a dynamic and intricate process. It requires a shared commitment to delivering the best service to our clients, a willingness to adapt to new situations, and the ability to work together, even when geographically separated. The satisfaction of this journey is not only in the legal victories but also in the bonds forged and the sense of purpose that drives us forward.

    Your career includes experiences in different law firms. How has each experience contributed to your growth as a legal professional, and what key takeaways have you gained from working in various law offices?

    My path in the legal profession has been a unique and purpose-driven one, guided by a dream to practice in the top court of the country.  From the outset, I harboured an ambition to argue cases in the apex court, even without fully comprehending the need to lay a robust foundation in the lower courts first. After graduating, I approached Madam Bina Madhavan, a well-respected legal practitioner, and expressed my desire to work as a chamber junior in the Supreme Court. However, Madam Bina Madhavan provided me with invaluable guidance. She emphasized the importance of acquiring a profound understanding of the trial courts and the fundamental legal procedures before setting my sights on the apex court. Her wisdom resonated with me, and I am forever grateful to her for steering me in the right direction.

    And so, I embarked on a journey of exploration and self-discovery. I joined a chamber in Tis Hazari court, Delhi, and spent a significant period, nearly two and a half years, practicing in the District courts of Delhi. During this time, I immersed myself in a diverse array of cases, including bail applications, matrimonial disputes, cheque bounce matters, cases of cheating, theft, and more. This first-hand experience equipped me with a well-rounded perspective on the legal profession.

    Crucially, my time in the District courts exposed me to the nuts and bolts of legal work, which I consider essential for every lawyer. Beyond courtroom appearances, I mastered the art of filing, navigating and rectifying procedural defects, re-filing, handling PFRC work, ensuring the proper service of summons and warrants, and the meticulous process of preparing bail surety bonds. It became evident that the role of a lawyer encompasses far more than courtroom advocacy, and I embraced this holistic approach to the profession.

    In 2014, I took a significant step towards my dream when I joined Mr. Ankur Mital, an Advocate-On-Record. He generously provided me with the opportunity to assist him in my first matter before the Supreme Court. This experience was akin to taking my first significant step towards my long-cherished goal.

    Subsequently, in June 2015, I joined J.S. Wad & Company, a well-regarded Advocate-On-Record office in Delhi, further deepening my understanding of the legal intricacies involved in Supreme Court practice.

    From 2018 to 2023, I extended my horizons by associating myself with various law firms in different capacities. This enriching experience allowed me to continually evolve as a first-generation lawyer, discover my true passion, and build a well-rounded foundation in the profession. After 11 years of hard work and learning, I started the Law office of Paromita Majumdar (LOPM) in June, 2023 and have been enjoying the journey till now. Ups and downs are part of the profession; all days are not good days however there is a different kind of mental satisfaction which I get by doing my own work in my own way. I have a wonderful team of associates who are always ready to accept and meet any kind of challenges that are thrown at them be it late night drafting, urgent filing or handling a difficult client or any complicated legal research. Hence I am glad to have my team which is very supportive and never lets me down in situations of crisis.

    In essence, my journey reflects a deliberate and dedicated approach to the legal profession. I granted myself the time and exposure needed to learn, grow, and discern my true calling within the legal landscape. Today, I stand before you as a lawyer deeply committed to the pursuit of justice and equipped with a multifaceted skill set, honed through diverse experiences and unwavering determination.

    You have worked on a wide range of cases, from civil and commercial matters to bail applications and demolition cases. Can you share a memorable or challenging case from your current role and you approached it?

    When one practices at the pinnacle of the country’s legal system, encounters with idiosyncrasies become an inherent aspect of the profession. In such a realm, parties often find themselves at the culmination of their legal journey, having exhausted all available remedies and received unfavorable rulings from lower courts. It is in this ultimate juncture that they turn to the apex court, hoping for some relief. The most formidable challenges arise in cases where petitioners apprehend to get arrested at any moment or the impending demolition of their properties.

    In these urgent scenarios, time becomes a scarce resource, and the preparation of Special Leave Petitions (SLPs) is a task that demands overnight dedication. The immediate pursuit of a hearing becomes paramount, leading to SLPs being drafted hastily and filed the next morning. Amidst these high-pressure circumstances, a particular case from my initial days of independent practice stands out—a case which brought me some recognition in the Supreme Court of India.

    This memorable case involved individuals hailing from economically weaker section of society, struggling with demolition notices issued by the Municipal Corporation targeting their homes. Initially hesitant due to strong adverse observations from the High Court, I eventually acceded to their persistent requests and filed SLPs on an urgent basis.

    The pivotal moment arrived on the day scheduled for the houses’ demolition at 2:00 PM. At 10:30 AM, positioned at the top of the mentioning list in Court No. 1, I presented the matters before the Honorable Chief Justice of India. Describing the urgency and gravity of the situation, I sought the court’s intervention. The Honorable CJI, acknowledging the exigency, graciously granted a 3-day stay order, providing a temporary relief until the matters could be heard on their merits.

    Those 72 hours proved crucial, affording the petitioners a breathing space to fortify their case and secure the services of a senior advocate. Although the SLPs were eventually dismissed due to technical reasons, the experience proved to be a defining and challenging chapter for both myself and my team. It not only showcased our dedication to justice but also served as a testament to our resilience in the face of adversity.

    You have empanelled with private companies as their legal counsel, handling due diligence, drafting agreements, and advising on legal issues. What are some common legal challenges companies face in their day to day operations, and how do you assist them in addressing these challenges?

    I am a legal counsel for some mid-level NGO’s, IT firms and builders. A prevailing concern among the IT enterprises revolves around challenges emanating from employment contracts and the safeguarding of confidential data. A recent case which I am dealing exemplifies the ramifications of a poorly drafted Non-Disclosure Agreement, wherein the company incurred substantial losses. An ex-employee exploited the inadequacies in the agreement, absconding with confidential data, the company laptop, and important softwares, collectively valued at over 10 Lakhs. Civil and criminal proceedings have been duly initiated against the said employee by my office.

    Besides, Trademark clashes also stand out as another recurrent issue for such companies. We often are required to draft cease and desist notices, responding to instances where similar marks are utilized by other entities in the same class of services.

    On the builder’s front, a pervasive challenge pertains to project completion issues, often resulting in legal actions instigated by aggrieved home-buyers. I recently aided a distinguished builder in Mirzapur to effectively abandon a project, rescind all allotment letters sans legal repercussions, and resolve outstanding litigations. My approach pivots towards proactively seeking solutions rather than dwelling solely on challenges. The overarching goal is to position the client in a win-win scenario, maximizing outcomes with minimal investments.

    Apart from handling the litigation and Arbitration work, my practice extends comprehensively to cover a spectrum of contractual work crucial to these businesses, including franchise agreements, collaboration agreements, and more. Emphasizing the importance of articulating clauses with precision to avert ambiguity, my office diligently ensures the legal instruments align seamlessly with the client’s objectives.

    Moreover, recognizing the aversion to protracted legal battles, our clients often seek preventive actions to avoid visiting courts. Most of my clients seek my opinion before entering into any agreement or any kind of arrangement with any party in order to avoid any future conflicts.  These facets summarizes the multifaceted support my office extends to the companies with which we are currently empanelled, underscored by a close and collaborative working relationship that occasionally leads to on-site visits for document reviews.

    In your role at Legacy Law offices, you managed the dispute resolution team and handled arbitration cases, could you elaborate on intricacies of Arbitration , especially in the context of construction contracts and share any notable cases or challenges you encountered?

    Arbitration holds a special place in my legal affinity, primarily due to its non-adversarial nature, emphasizing meticulous evaluation of contractual clauses by an impartial arbitrator. In the realm of construction contracts, arbitration has emerged as the preferred method for dispute resolution. Common issues in construction disputes encompass aspects like payment disputes, contract scope, design discrepancies, quality and safety concerns, and losses incurred due to unforeseen events, such as Acts of God.

    In the constitution of arbitral tribunals for construction disputes, parties are choosing a judicious blend of technical and judicial members. This ensures that the tribunal comprises individuals possessing a comprehensive understanding of technical intricacies related to construction projects, often including retired government chief engineers and architects etc. Remarkably, detailed dispute resolution mechanisms are now integral components of construction contracts, tailored to the unique demands of each project, promoting efficiency in both time and cost.

    Notably, these contracts often incorporate multi-tier dispute resolution processes, encapsulated in escalation clauses. For instance, a Nego-Med-Arb clause may stipulate a sequence of negotiations, formal mediation, and ultimately binding arbitration. In instances where negotiation, conciliation, or mediation fails to yield resolution, parties often progress to binding arbitration.

    In India, the Arbitration and Conciliation Act, 1996, governs the procedural aspects of arbitration. This legislation provides clarity on arbitrator appointment procedures, interim relief from courts or arbitrators, judicial interventions, and the setting aside of arbitral awards, encompassing both domestic and international commercial arbitrations. A nuanced understanding of this Act, coupled with the specific dispute resolution clauses within the contract agreements, forms the pathway to effective dispute resolution.

    I remember a particularly intriguing arbitration case involving the Food Corporation of India, concerning the construction of food grain silos, a mere ambiguity in a clause led to unreasonable delay in appointment of the Arbitrators and multiple petitions under Section 9, 11 and Section 14 before the Hon’ble Delhi High Court. Meanwhile, our client’s bank guarantees were also encashed. The crux of the matter revolved around whether the reference to certain rules in the clause was mandatory or if parties had the flexibility to mutually choose alternative rules. Ultimately, a three-member arbitral tribunal was appointed by the court, and the disputes were successfully referred to arbitration.

    During my tenure as Associate Partner at the Delhi office of Legacy Law offices, I had the privilege of leading a dynamic team in dispute resolution under the astute management of Mr. Gagan Anand, Managing Partner, and Ms. Sadiqua Fatma, Senior Partner—both exemplary mentors. Under their guidance, I navigated several compelling arbitration cases and secured favorable awards for our clients.

    A pivotal moment in my professional journey unfolded when I argued on behalf of a contractor in arbitration proceedings related to the construction of a tunnel in Jammu and Kashmir. While the award favored our client, it currently faces challenges before the Hon’ble Delhi High Court. The crux of the matter revolved around a project suspension, an action not expressly covered in the contract. Despite the withdrawal of a writ petition challenging the suspension, the authority attempted to reopen the issue before the learned sole arbitrator, a move promptly disallowed.

    In addition to the tunnel project, I’ve had the privilege of handling various arbitrations involving the construction of tunnels, roads, silos, bridges, and dams, each presenting unique challenges and opportunities for resolution

    You have briefed and worked with renowned senior counsels in the Supreme Court of India, what is it like to collaborate with such eminent legal professionals, and how does this collaboration influence the outcome of cases?

    During the period spanning from 2015 to 2019, while employed with an AOR (Advocate on Record) firm, I routinely found myself in the privileged position of briefing esteemed senior counsels in India, such as luminaries like Mr. Mukul Rohatgi, Dr. Singhvi, and Mr. Kapil Sibal. Engaging in conferences with these legal stalwarts provided me with a unique opportunity to closely observe their cognitive processes and strategic approaches to various cases. In the presence of such legal luminaries, direct instruction was often unnecessary, as their methodical application of law and logic served as an invaluable educational experience for me.

    Collaborating with these eminent seniors bestowed upon me the profound advantage of assimilating their distinctive thought processes. Witnessing their adept and precise application of legal principles not only enriched my professional skills but also cultivated a deeper understanding of the nuances within the legal profession. The result-oriented nature of our conferences necessitated the seniors to expeditiously apply their theories and logics to legal questions, formulating effective solutions and strategies customized for the upcoming hearings.

    I remember, in a case where we were unable to formally brief Mr. Rohatgi due to his demanding schedule, he reassured us that he would grasp the matter during the court proceedings. Positioned outside the courtroom, with our matter just 10 items away from its turn, I was taken by surprise Mr. Rohatgi appeared suddenly and asked me for a concise overview of the five crucial points of the case, I swiftly adhered to his instructions and provided the briefing within a mere five minutes.

    I literally wondered, armed with this brief yet comprehensive understanding of the matter, Mr. Rohatgi entered the courtroom and adeptly presented those five points before the bench. The outcome was a stay order secured promptly for our client. As a budding legal professional, these instances became invaluable take-home lessons for me. Similar encounters with other senior lawyers further compelled me to refine and streamline my approach to applying legal reasoning whenever confronted with a complex legal issue.

    Finally, what advice would you give to aspiring lawyers looking to specialise in specific areas of law like business law or arbitration?

    My first and foremost advice to aspiring lawyers is to invest ample time in evaluating their areas of interest before making any hasty decisions. Particularly for first-generation lawyers, patience is paramount. The legal profession demands a profound commitment to reading and comprehending the practical dimensions of the law. Reflecting on my early experiences, a seasoned colleague once wisely remarked that the five years of legal education merely serve as a ticket to the movie—the true narrative unfolds when one enters the realm of actual legal practice. There is a huge difference between the theoretical studies and the realities of actual legal practice.

    Furthermore, I urge young lawyers to prioritize reading the law thoroughly before dispensing advice to clients. A proficient lawyer is, above all, a diligent reader. Repeated readings of a document can lead to different interpretations, highlighting the nuanced complexity of legal matters. Staying abreast of the latest Supreme Court rulings and legislative amendments, attending seminars, and engaging in continuing legal education is crucial. Being well-versed in the current legal landscape allows you to confront situations armed with the knowledge of prevailing laws, enabling you to apply them judiciously to the specifics of a case and determine the optimal course of action.

    When delving into business laws and arbitration, both of which involve extensive document analysis, it’s essential to recognize the inherent significance of each document. In arbitrations, voluminous files are commonplace due to the fundamental role of document interpretation. Understanding the intricacies of a case and securing a favorable order or award for your client hinges on a meticulous examination of these documents. Notably, many of these documents are crafted by corporate entities through their in-house legal advisors, rendering the identification of loopholes challenging. A thorough and patient analysis of these documents is the key to navigating and finding solutions in these intricate areas of law. My last advice would be to always uphold the highest ethical standards in your practice. Integrity is crucial in building trust with clients, colleagues, and the legal community. By steadfastly adhering to the principles, you not only preserve your personal integrity but contribute to the overall credibility and trustworthiness of the legal profession.

    Get in touch with Paromita Majumdar —

  • “Championing Justice: A Trailblazer in Supreme Court Advocacy” From a Medical Background to the Apex Court: Unraveling the Remarkable Journey of a Pioneering Criminal Law Advocacy”- Advocate on Record Divya Jyoti Singh

    “Championing Justice: A Trailblazer in Supreme Court Advocacy” From a Medical Background to the Apex Court: Unraveling the Remarkable Journey of a Pioneering Criminal Law Advocacy”- Advocate on Record Divya Jyoti Singh

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Can you share your journey of becoming an Advocate on Record and your motivation to specialize in Criminal Law, as evidenced by your LL.M. in Criminal Law from the Indian Law Institute?

    I am a first generation lawyer, nobody even in my distant family belongs to or is associated with a legal background. After pursuing my B.A.LL. B (5 years integrated course), I wanted to pursue LL.M. to add to my resume; as I come from a medical background and always had an inclination towards higher studies. After clearing a few entrance exams for LL.M., I opted for Indian Law Institute.  There were two branches available for masters one being IPR and the other Criminal Law. As I always had a thing in me for litigation, I chose the latter. I was lucky enough also to have the finest professors teaching us.

    Advocate on record also was something which emerged from the fact that I am a first generation lawyer, as with no assistance or guidance I felt that clearing the AOR exam will help me in establishing myself in the Hon’ble Supreme Court, as the Hon’ble Supreme Court recognizes only two sets of advocates: i). Senior Advocates and II) Advocate on Record; as per the Supreme Court Rules. 

    You’ve written a dissertation on “Pardoning Power of The President Article 72 Of The Constitution Of India.” What led you to choose this topic, and what were some key findings from your research?

    The topic for my dissertation again culminates from the fact that I have keen interest in the sphere of criminal law. It was intriguing to know the development from the death penalty being given very commonly to the rarest of rare cases and thereafter the effect of the Mercy Petitions as we call the power of the president under Article 72 of the constitution of India. Research included the recommendations of the Law Commission Report and study of the death penalty across the globe.

    In addition to your specialization in Criminal Law, you’ve also written research papers on “Juvenile Justice” and “International Law in reference to Right to Food.” How do these areas of study tie into your legal career and advocacy work?

    The best part to pursue masters from the Indian Law Institute was that we had to submit various papers during our course and this apparently helped me to have better research skills which eventually helped me and till date helps me by inculcating the habit of researching some case laws on a daily basis; it also helped me to develop patience to read lengthy judgments and keep myself updated with the latest developments in legal field.

    Your professional experience includes working with Designated Senior Advocate. Could you tell us about your responsibilities and experiences during this period and how they contributed to your legal career?

    During the brief stint of period I was associated with the senior, I was assigned duty to research and prepare statements of cases. I was also given free hand to deal matters before the Registrar Court in the Hon’ble Supreme court. The exposure that I witnessed was essential for me to understand the knitty-gritty of the profession; also it helped me to understand the court craft. I also got an opportunity to listen and observe some of the finest advocates which helped me a lot to learn by observing the Art of advocacy; skill of argument, to learn the importance of body language, etc. and how one should conduct themselves during an argument.

    You’ve represented the Government of India and the State of NCT of Delhi before the Supreme Court. Can you share some memorable cases or experiences from your time as a ‘Panel B’ advocate for the Union of India?

    Being a panel counsel gives one immense exposure, as we get a chance to represent different States, Central Government and various PSU’s. The maximum litigation that occurs in supreme court is wherein the government is a contesting party and thus the government has huge stakes and so do we as we represent the government.

    You’ve filed Public Interest Litigations and intervention applications in the Supreme Court, leading to legislative changes, such as the incorporation of provisions in the Consumer Protection Act. Can you discuss the impact of these legal actions on consumer rights and advocacy?

    The PIL filed by me pertaining the consumer awareness was particularly at the time when there were infiltrations from the Chinese side at the border and as an aware citizen of the country i felt the necessity of the awareness of the consumer before purchasing anything by way of e-commerce as the decision of the consumer should be an informed decision. The data of this year again shows that there is a humongous loss to the Chinese government as the Indians had chosen the local products over the other products.

    You’ve taught various law subjects as a visiting faculty. How has your teaching experience influenced your approach to legal practice and advocacy?

    In our field everything is connected and as the proverb exists Knowledge is the power so would i say that while teaching i used to extensively study and prepare for the classes; this helped me as well to have a grasp upon the subjects. I would like to add here that law is a field where no amount of reading, be it related to legal field or otherwise, goes unused or un utilized. One may never know that when one gets to deal with a particular matter about which you must have read way back; but as there would be little knowledge about the same, that will give confidence to study more about it and take up the case.

    As an accomplished legal professional, what advice would you like to offer to fresh graduates who are embarking on their legal careers or considering a specialization in law?

    To all the aspirants who are keen to take up litigation, my advice would be that do not shy from hard work, develop a habit of reading, this will take you a long way. Develop discipline and patience. The field of litigation is not for the impatient. But I can surely say one thing from my own experience: having Patience and perseverance is of utmost importance in the litigation field. One should also try to have as I call them 3 D’s- Determination, Discipline and Devotion to not only sustain in this profession but these 3-D’s will help one to achieve great heights. 

    Get in touch with Divya Jyoti Singh —

  • “Navigating the Legal Labyrinth: Journey from being an IP lawyer to a media lawyer, A Candid Conversation with an IP and Media Law Maverick”- Sujoy Mukherji Principal Associate at Naik Naik & Company

    “Navigating the Legal Labyrinth: Journey from being an IP lawyer to a media lawyer, A Candid Conversation with an IP and Media Law Maverick”- Sujoy Mukherji Principal Associate at Naik Naik & Company

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    https://test.superlawyer.in/wp-admin/post.php?post=96491&action=edit

    You come from a family with a rich tradition of military service, yet you chose a different path as a lawyer. Can you tell us about the factors that influenced your decision to pursue a legal career, particularly in areas like intellectual property and media law?

    Well I didn’t really choose a path of lawyer to be completely honest, life just in a way forced it upon me I believe. In my opinion I am a classic case of ‘Failure by-chance Lawyer’. Allow me to give some context to this. Yes, I do come from a family that has given three generations of Military personnel dating all the way back to my Great-grandfather to serve in the British-Indian Army. Naturally coming from a family where the only thing or people you know are Military personnels, it’s obvious that you would aspire for the same thing yourself.

    So right after my graduation in B.com, I gave my CDS (Common-Defence Services) exams cleared that and went on for my SSB (Service Selection Board), and I was so sure that I was going into the Indian Army, but this is where my story changes because I got screened-out i.e. rejected, by the Indian Army. This was all happening in 2013, and after I got rejected by the Indian Army I had no idea what I was supposed to do next because there was never a ‘Plan-B’ in place. Now given my educational background I felt that the only options I had was either pursuing Chartered Accountancy (CA) or going for a Master of Business Administration (MBA), just like what all of my class-mates were doing. Thankfully, and this is something I really pride myself on is that during my B.com, I made some amazing friends one of whom is Shona Jacob, owner and proprietor of the hospitality brand “Love Made Edible” and she advised me to not to go along-with the herd, in-fact I still remember the word till this date that convinced me to be a lawyer which was “You have a very strong command over the English language, You should really thing about pursuing Law as a career”, and that where the idea to become a lawyer came from, by a friendly advice.

    Thankfully, my score(s) at the time of graduating B.com were good enough to get me into ILS, Pune, in the three (3) year LLB course. Now, I had no idea what Intellectual Property law was, let alone media law when I got into law school. I had more affinity towards Family-Law and was convinced in 2013 that I would pursue Family-Law as a career, but here again thanks to a friend that was Disha Dewan who was also my batch-mate and daughter of Dr. Mohan Dewan of the Law firm R.K. Dewan & Co., I was introduced to the basic concept of what was Intellectual Property Law. Thankfully, ILS has a pro-discussion culture so my batch was always discussing and debating concepts of law and latest developments, and IPR happened to strike a chord with me primarily because of its fluid nature. While the Statute itself was set, the application and understanding(s) that stems from IP matters are extremely fluid and always subject to interpretation be it Trademark, Copyright, Designs etc, which was made more and more clear to me when I read judgments, specially those from the Delhi High Court. The type of IP Judgments that would come out from Delhi, it was like every day there is a new comment or understanding provided by the Courts in the field of IP. This great big puzzle that was known as Intellectual Property Rights was just so much fun that I knew that this is what I want to specialize in some day, and this speculation got further confirmed when I interned at ITAG, Kolkata and R.K. Dewan & Co.

    As to Media Law, well that happened because of curiosity to put it simply. When you start understanding a subject and your basics start to get better, sooner or later you start to look at every area where the application of that subject may come. I had an interest in IPR and I would always wonder what other areas can IP have an impact in, and the immediate conclusion that came to me was ‘Films’. But my transition into Media Law didn’t happen until later in 2019, when Mr. Ameet Naik and Ms. Madhu Gadodia found me and decided to place a gambling bet on me to see whether an IP Specialist could transition over to becoming a Media Lawyer. One has to appreciate the similarities and the dissimilarities between IPR and Media Law, while IPR was fluid, Media Law was completely dynamic and it was always changing, and unlike IPR, Media Law does not have an identified set of law(s), if anything Media Law is more common law and equity based which makes the scope to interpret and apply the law(s) during a media dispute more wide and challenging in my personal opinion. The big puzzle which I was already use to solving in the field of IPR just got substantially bigger the moment I was introduced into Media Law because that ultimately also resulted in me being exposed to and working in matters concerning the laws of Arbitration, White Collar Crime, IT Law etc, it really just broadened my horizons and exposed to so many challenges which has been nothing but fun, frustrating at times, but fun nonetheless. 

    Transitioning from a Bachelors-in-Commerce to a law degree is quite a shift. What motivated you to make this transition, and how has your commerce background influenced your legal career?

    Well I personally don’t think that the transition from B.com to Law was a very big shift for me because, while I was pursuing my B.com we were required to study the erstwhile Company Act 1956 (now 2013) and I was also pursuing an Advanced Diploma in Advertising and Marketing from my college (H.R. College, Mumbai) wherein we were introduced to concepts of “Trade Mark” and “Copyright”. So in a sense there was some minor exposure to subjects of law during my B.com which I think in hindsight did help somewhat. However, pursuing a career in law was definitely not in radar at any point in time while I was pursuing my graduation in B.com.

    Funnily enough I think the three elements that motivated me to pursue a career in law and just go all in were “Dumb-Luck”, “Desperation” and “Disaster”, I call this the “3D” elements of my career and by no stretch of imagination is this a bad thing. In fact I believe that the best of things to come are a product of the bad times. For example, getting rejected by the Indian Army was a Disaster for me as I never had a second thought or plan about what I would do in case I never made it into the armed forces. My friends suggesting that I pursue law as a career was pure Dumb-Luck, and because I had no other plans my Desperation to excel at something made sure that law as a career worked for me. But above all else I think the reason why I stayed motivated to make law as a career for myself was because of my parents who never pressured or doubted me at any stage of my life or while I was pursuing law, it really is very important to have a good support system as it definitely makes things some-what easier.

    I think for me personally my background in commerce didn’t really kick-in and started helping till I had made a transition into Media Law. The practice of Media Law has a substantial portion fixated on commercial transaction, liabilities and deal structuring. Thankfully because of my background in commercial subjects my ability to understand and cater to client’s whether it’s in financial transactions or disputes, substantially contributes towards the same. This is a personal opinion but I feel any Attorney today practising commercial laws who has a finance or a commerce background does indeed have a minor edge as compared to his/her colleagues who may not have had that type of a training prior to pursuing a career in law.

    During your time in law school, you engaged in multiple internships in different cities. How did these internships shape your understanding of the legal profession, and how did they ultimately lead you to your current specialization in IP and media law?

    Thankfully I had good seniors in law school with whom I was living with in the Hostel those days, and when you have access to your seniors you can discuss your queries with them and understand what others before you have either done right or wrong. While I was in ILS, Pune we had lectures from 7am to 11am, after that you had a substantial portion of the day left to you to choose what you want to do. I had two very clear options in front of me, either after classes I could participate in extracurricular activities or choose to intern in Pune itself and attend lower court proceedings and gain an understanding as to what is the practical side of the legal career. While both were equally good options, I had already done my fare-share of extra-curricular activities while pursuing my B.com, I wanted to do something different and so I chose the later option and chose to intern at law firms or chambers of practising Advocates while in Pune. During course breaks I would make it a point to intern in a different city which would usually either be Mumbai, Delhi or Kolkata.

    I think when I look back during my time when I was interning what set me apart was the fact that I took an initiative. I would make it a point to go up to the Partners and Associates and introduce myself properly and take an active interest in learning about them, this resulted in familiarity which resulted in the team’s to remember me while assigning projects. Now the next part that came was always the most crucial part during my internships which was to always provide good solid work, which meant putting in extra effort than normal, but it’s effort that puts you in a different light than compared to the rest because the moment the Associate’s would take notice of my work or my ability to understand the subject I would always end up getting access to better work and more details from the Associates. 

    This process not only ultimately led me to get a Pre-Placement Offer (PPO) from R.K. Dewan & Co., but it also framed my way of thinking because I realised that it’s not enough to just work hard, you also need to know how and when to work smart. This same philosophy and work-ethic which I had moulded during my internship days was later on developed and which greatly helped into my professional career and it’s the same thing which also helped me when I transitioned from IP into Media Law. When one thinks about it, internships can be a great way to discover more about yourself at-least that’s what happened for me.

    You spent a significant part of your career at R.K. Dewan & Co, where you worked with Dr. Mohan Dewan and Mr. Ameet Deshpande. How did your experiences there, especially in Pune, shape your early career and the skills you developed as a litigator?

    Luckily enough I was always offered a repeat internship at R.K. Dewan & Co, during my law school which led to the team knowing me fairly well and they had a good idea as to my capabilities at the time. So when an opening came up in the Litigation Team, Dr. Mohan Dewan was very kind enough to actually ask me if I had any interest in joining them. Now I was sure I wanted to pursue a career in IPR, I just didn’t know at the time whether I would want to be litigator but sometimes in life you just have to take a leap-of-faith, and thankfully this leap-of-faith continues to pay off till date.

    Working with Dr. Mohan Dewan and Mr. Ameet Deshpande, was like an introduction to a crash course of two very different subjects at the same time and you had to catch-up really fast in order to keep up with them. Dr. Mohan Dewan is very particular about what may be your concepts and thoughts when understanding a legal matter and he is equally that much invested when you are putting in words to paper. Likewise, Mr. Deshpande was very focused on the proper interpretation and application of the Civil Procedure Code that we would adopt for our litigation matters. My time in Pune and in New Delhi with R.K. Dewan & Co., was just a wealth of knowledge and experience at the time because unlike in Mumbai where there is a Counsel culture, Pune and Delhi do not operate in the same manner. I was responsible for drafting everything from top-to-bottom and I was expected to argue the as-well, I did not have a safety system like we have in Mumbai where experienced Counsels are engaged to assist in achieving the best possible outcome in a matter. It was very much a sink or swim type of situation, and thankfully I had seniors in the form of Dr. Mohan Dewan and Mr. Deshpande who ensured that I would never sink. 

    I think at the time while this was happening, I was not very appreciative of it but today when I look back how my career trajectory has been till now my entire core structure as a lawyer is substantially contributed to by Dr. Mohan Dewan and Mr. Ameet Deshpande, and how they took the effort to train as Litigators. In-fact its this very same training that has often come to my aid on several occasions when I’m assisting some of the best Arguing Counsels such as Mr. Ashish Kamat, Mr. Mr. Rashmin Khandekar or Ms. Megha Chandra.

    You then made a transition to Khaitan & Co in Mumbai, where you worked with Partners in the IP-Litigation team. Could you share some insights into the challenges and learnings you gained during your time there, particularly in terms of working under pressure and delivering results?

    My time at Khaitan & Co., was a very interesting and an important milestone in my career I feel. When the opportunity to work with the IP Team in Khaitan & Co, Mumbai, came along I was extremely excited because I got to work with some great partners such as Nishad Nadkarni, Adeesh Nargolkar and Smriti Yadav. All three (3) partners had different styles and diverse range of work, while Nishad had the most litigation matters with him, Adeesh would have technical matters before the IPAB (now dissolved) for trademark rectification or patent cancellations and Smriti would have IP Registration and Prosecution related matters, and the learning was vast and filled with opportunities which the Partners were always willing to provide and accommodate you with.

    I think the first challenge I immediately faced was the fact that the Partners in Khaitan would force you to call them by their first name only which was a complete culture shock to me, and a pleasant one to add. In terms of the professional challenges that came my way during the Khaitan & Co, was the fact that I was provided with multiple opportunities to work not just in matters in Mumbai but with teams based in New Delhi and Kolkata as-well. This wide exposure allowed me to understand how each team would function and what were their basic requirements and how best to deliver, as per expectations.

    Now naturally working with three Partners and multiple teams in different teams is an amazing exposure that also invites pressure for delivering the best possible outcome in the time-frame allotted. This will at times force an attorney to re-think his/ her usual course of strategy while working. Now pressure is not necessarily a bad thing because oftentimes the right amount of pressure makes one push beyond their standard limits and perform or achieve in a manner which was previously unexplored and which was the same thing that happened to me. Thankfully, I had some really great Reporting Partners, especially Nishad who would always remain calm despite including in those moments when I would make mistakes and he would have the presence of mind to not only let me know where I went wrong but what I could have also done to avoid it.  

    Your journey led you to Naik Naik & Co, where you transitioned from being an IP lawyer to a media lawyer. What prompted this shift, and how did it broaden your expertise in a wide variety of laws and matters?

    I always thought that IP is connected to Media Law as they virtually have the same basic foundation. After spending some time working in IPR I just wanted a new challenge and wanted to try something new. Luckily, at the time Naik Naik & Co’s media Litigation team had an opening and my interview was taken by none other than Mr. Ameet Naik himself, which is very rare because he’s generally not involved in the interview process.

    Mr. Naik at this point had the same question as why I would want to transition from IP to Media Law. He understood my reasons for wanting a new set of challenges and wanting to do something different and more than what I was already doing. I think it was the risk-taking factor that perhaps impressed Mr. Naik and Ms. Gadodia, and they were kind enough to offer me a position in Ms. Gadodia’s team.

    The moment I was brought into Naik Naik & Co, the initial years had nothing to do with IPR, I was made to attend to matters before the Mumbai-MCA, Co-operative Society Courts, Magistrate Courts for Cheque Dishonour matters, Arbitrations for Media production companies. It was this wide range of work that allowed me to really expand my horizons beyond IPR and learn and work in subjects in which I hadn’t had the opportunity earlier. Every matter that deals with a different subject requires a different style of thinking be it in IPR, Arbitration, IBC, Cheque Dishonour Disputes and it was this exposure provided to me by Naik Naik & Co., and specially due to the faith of Mr. Ameet Naik and Ms. Madhu Gadodia, that I was able to expand my horizons and understanding of the various aspects of law. It’s no secret that work-culture of Naik Naik & Co., of throwing their Associates in the deep end for handling and attending to matters is actually the very thing that makes Naik Naik & Co., Associates so unique because the amount of exposure to work and pressure we withstand is second to none and which results in some of the best Associates getting trained from our firm.  

    You’ve been involved in some notable cases during your time at Naik Naik & Co. Can you share some key highlights or challenges you encountered while handling cases like Amitabh Bachchan’s Personality Rights John Doe Action or the “The Kerala Story” Pan India Litigation?

    I have actually had amazing opportunities to be associated with some of the most unique cases handled by Naik Naik & Co., because of the vision that Mr. Ameet Naik has instilled in us. What most people don’t know is that the Amitabh Bachchan Personality Rights case did not happen over a course of a few days or months. In-fact the groundwork for the suit had begun during the Covid period. It was Mr. Naik who was the one who first understood that the legal framework and judiciary was ready and, in a position, to pass the first Personality Rights-John Doe order, and the only person on whose behalf we who could institute such a case who would be undeniable for this type of an action was Mr. Bachchan. This matter had Mr. Ameet Naik, very much involved with us and we were able to understand his plan of action as to how he wanted this particular case to be framed and what instances of third-party violations had to be highlighted before the Delhi High Court in order to maximise the chances of obtaining the desired result. This matter particularly for me was a great learning experience because not only was I put in a leadership role for attending to this matter but I was also led to understand the key requirements for a John-Doe style action and how important the structuring of a case was.

    In contrast to the Amitabh Bachchan Personality Rights case, the Kerala Story matter which saw multiple litigations coming out in different territories in India was hands-on live master class experience on how to get prepared in a Suit in a matter of few minutes. The reason why I say this is because Media Law litigation is extremely volatile and dynamic and a Media Disputes Attorney will have a very short time to prepare for a case, usually just one day before the date of hearing because for some reason people just love filing last minute actions, but the Kerala Story litigation was just another level itself. In this matter I got personally see Mr. Ameet Naik argue the matter before the Kerala High Court (via VC) and before the Supreme Court before the CJI, what’s also unique is that while these matters were happening we were also getting notifications of multiple litigation proceedings being instituted in different High Courts in different States. All of these matters were just beautifully steered and handled by Mr. Naik and Ms. Gadodia, in which I had a front row seat to be involved and learn from the best, which has immensely contributed to my understanding and growth as a lawyer.

    As someone who has progressed in the legal profession and gained recognition for your work, what advice would you offer to fresh law graduates who are just beginning their legal careers?

    When I was starting my career as an IP Specialist in R.K. Dewan & Co., a lot of people shared their opinions with me on how starting your career in a specialization in a particular field as a very bad idea and how I would never get to learn enough. Then when I made the decision to transition from IPR into Media Law, I had to again hear the opinions of people who suggested that after having gained a specialization I would not be able to cope-up and work in general law. Both opinions, while valid, turned out to be wrong because I was able to prove that they don’t apply to me.

    The reason why I share the above is because if there is a law student out there or a fresh graduate and if you are feeling the pressure of doing something safe or tried and tested then they should know that they don’t have to bend according to these so-called pundits’ opinions. No one can measure your ability or know the extent of your affinity towards a subject better than you alone. Have faith in yourself and be bold enough to take a risk with your career. There are no conventional or unconventional paths to take in law or in life, you are walking your own path alone and you alone can decide where you want it to lead you.

    On that note let me leave you with Steve Job’s quote stated in 2005 during the Stanford commencement address “Stay Hungry, Stay Foolish”.

    Get in touch with Sujoy Mukherji —

  • “From Campus to Courtroom: A Journey to Senior Advocacy – An Exclusive Interview with a Distinguished Legal Luminary”- Ravi Prakash Mehrotra, Senior Advocate at Supreme Court of India

    “From Campus to Courtroom: A Journey to Senior Advocacy – An Exclusive Interview with a Distinguished Legal Luminary”- Ravi Prakash Mehrotra, Senior Advocate at Supreme Court of India

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Sir, please tell us about your journey and how you ended up becoming a Senior Advocate designated by the Hon’ble Supreme Court of India?

    This question takes me down memory lane. I recall it was the year 1985 that I enrolled myself in the Campus Law Centre of Delhi University’s Law faculty for a three year course in law. After a very fulfilling time on the Campus with academics and co-curricular activities like moot courts, I graduated in 1988 and thereafter started my legal practice as an associate with a leading law firm in Delhi. My quest for further studies continued and after working for one year, I was fortunate to get a scholarship which enabled a Master’s Programme in Law from Cambridge University. After completion of LL.M. in 1990, I got an invaluable opportunity of being associated with a Barrister in Lincoln’s Inn for a month and with a leading English Law firm for another month until October 1990, as part of the Pegasus Scholarship programme administered by the Inner Temple, London.

    After returning from England in 1990, I resumed practice with the same law firm in Delhi. My heart was fascinated by litigation and I was desirous of having my own independent practice. I relocated to Lucknow in 1991 and started practice in the High Court, which helped me set up an individual legal practice. Thereafter in the year 2000, I decided to return to Delhi and start my independent practice in the Supreme Court. In the year 2001, I qualified as an Advocate-on-Record, which helped me greatly in setting up my practice in the Supreme Court, not only as an arguing counsel but also as one who would draft and file petitions, thus giving me a very valuable insight and experience into two vital areas of Supreme Court practice, namely drafting and presentation in court. After a few years of practice, the Hon’ble Supreme Court of India designated me as a Senior Advocate, which was a matter of great satisfaction and privilege.

    With over 35 years of experience in Civil, Revenue, Constitutional, and Criminal Laws, can you share some memorable cases or highlights from your career that have had a significant impact on you?

    There have been various cases I was privileged to have been a part of. I recall my association as Special Counsel of the Government of India and the Archaeological Survey of India in the Ram Janam Bhumi-Babri Masjid (Ayodhya) dispute before a Special Bench of the Allahabad High Court (Lucknow Bench). During the case, I successfully assisted the Court to resist impleadment of the Government of India as well as the ASI, which would have made the case more protracted and contentious. I was also involved with the case that eventually led to banning of the long standing usage of red lights and sirens on vehicles by VIPs, as also the Muzaffarnagar Riots case to do with relief and rehabilitation of the victims. In this case, in consultation with the Chief Secretary and Home Secretary of the State, I filed uncountable affidavits which were later affirmed and lauded by the Supreme Court as conscionable and affirmative action by the State. I can also recall instances wherein I have successfully argued and got stay of contempt proceedings initiated against various bureaucrats. There was yet another case, which was in relation to the Chief Minister necessarily signing each and every document and order of appointment on the file. The High Court affirmed this and acting on behalf of the State, I successfully challenged it before the Supreme Court, which till date serves as an important precedent in regard to the functioning of the Government and its departments. 

    As Senior Counsel to the Union Government and various States in the Supreme Court of India, you have represented Public Sector Undertakings, Corporations, Indian companies, and Multinational Corporations. How do you approach representing such diverse clients and navigating their legal challenges?

    I think the most challenging part of the legal profession, which in fact also nurtures and sustains this profession, is the constant need to study, introspect and apply legal principles and precepts, as the law is not only a dynamic and ever changing concept, it applies in a myriad ways to manifold situations. That is the challenge as also the inspiration. Aside from my private practice, I have represented the State of Uttar Pradesh in the Supreme Court for 17 years as also other States such as the States of Odisha, Madhya Pradesh, Rajasthan and Jammu & Kashmir.

    I have also represented the Government of India in the Supreme Court as well as Delhi High Court as their Panel Counsel. These experiences have been memorable, given the wide variety of cases and legal challenges. As always and till date, I enter the courtroom to argue a case as an optimist and walk out as a realist! When I receive the brief and study it, my mindset is one of an eternal optimist; however, the philosophy that I attribute to myself is to remain unattached to the result while putting in my best effort. Similarly for the briefing lawyer and the client who’s case I am espousing, they have to believe that the best possible effort was put in preparing and handling the case. My experience tells me that more often than not the result is good, and even when it’s not, it leaves the lawyer and litigant with the satisfaction that the best step forward was taken in the given circumstances.

    You have argued various PILs (Public Interest Litigations) and are Senior Panel Counsel for the Supreme Court Legal Services Committee (SCLSC) and serve as Amicus Curiae in the Supreme Court of India. How does this role contribute to the administration of justice? Can you shed light on the work you have done in these areas and the impact it has had on society?

    I believe that representing a voiceless cause or marginalized sections of society, or raising issues through PILs which have a bearing on society at large, or of those who are incarcerated in jails without any meaningful representation to secure their bail or release, is the most worthwhile and visible face of pro-bono and public oriented litigation. Over the years, I have sought to represent public causes in areas of disaster management and relief in ecologically sensitive areas, wasteful expenditure of public money with respect to government advertisements and parliamentary logjams in its functioning and holistic management of temples across India with respect to gender equality and management of funds. As regards the protracted imprisonment of under trials and the underprivileged sections of society, I have meaningfully and successfully represented their causes as Amicus Curiae and Counsel for the Supreme Court Legal Services Committee. I greatly cherish some of the notes of appreciation from convicted prisoners in jail upon their release. 

    Considering your vast experience and accomplishments, what advice would you give to fresh law graduates who are just starting their legal careers? What key lessons have you learned throughout your journey that you believe would be valuable for them to know?

    I believe that both the written and spoken word are of infinite importance for any successful lawyer in the field of law, particularly in the highest and final forum being the Supreme Court of India. I have traversed the legal path with this philosophy and today I am fully convinced that these attributes would provide the cutting edge and success to every budding and even seasoned lawyer. In the Supreme Court, each day brings forth new challenges of success and failure, and I believe a lawyer can never be complacent in as much as success cannot elate you or failure ought not to demoralize your zeal, but helps to keep a successful and seasoned lawyer on his feet, based on the principle that a lawyer’s last case done is his reputation and while he cannot sit back on his laurels, he cannot be disheartened with defeat.

    Get in touch with Ravi Prakash Mehrotra –

  • No one with a defeatist or pessimist mentality or an irresolute mind-set can ever start their own practice- Founding Partner at THYNK CELS

    No one with a defeatist or pessimist mentality or an irresolute mind-set can ever start their own practice- Founding Partner at THYNK CELS

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    What motivated you to start your own legal practice, and what areas of law do you primarily focus on?​ Could you please share more about your role as a Founding Partner at Cost Effective Legal Solutions (CELS)?

    I think the majority of advocates are motivated to start an independent legal practice by default. It’s more like a factory setting of the brain after clearing the bar exams. Mine was tuned even before I began studying law. The desire and motivation to go independent further grew in college. But once I stepped into the real world of practice, the scene changed. As a first generation lawyer, I realised that the ball was never in my court. The bubble shattered, after seeing the strength of the bar and the amount of advocates struggling to make a living. I learnt it the hard way. I realised I had to first grow in terms of knowledge. It took me four jobs and ten years to feel, I am sufficiently knowledgeable. I realised over these developing years that knowledge is not enough to keep me motivated so I developed the capacity to do laborious work. I steadily and slowly increased my patience level and self-confidence. It took a lot of mixing of all these emotions before I went independent in 2021 and started CELS. I realised only the ones capable of labour, patience, self-confidence and faith are welcome in this profession. No one with a defeatist or pessimist mentality or an irresolute mind-set can ever start their own practice. In 2021, I finally decided to not merely look to principles but have the readiness to act upon them. I put my art of persuasion to test developing clients in the field I was extremely confident about. 

    I started my practice at tribunals where the law application is quasi –judicial in nature/ sort of easy for any advocate to absorb in terms of procedure. I practiced at the NCDRC, DRT, DRAT, NGT and slowly shifted gears to civil, criminal and commercial trial courts. Now I primarily focus on business/commercial related disputes for Individuals, Corporates, Financial Institutions. The area of law practiced by CELS covers both civil and criminal statutes. As founding partner, I ensure that CELS always has business. We started with a team of two and now we have 25 people in our office in two years’ time directly and indirectly associated with us. 

    You’ve mentioned your extensive experience with Title Search Reports for financial institutions. Could you explain the importance of these reports and how they benefit organizations like National Housing Bank, Indian Bank, Bank of India, and LICHFL?

    We at CELS have rendered more than 15000 Title Search Reports for the above stated Institutions and more. TSR facilitates a buyer to help buy a property, a Bank / FI / NBFC determines the authenticity of a title. The Title Search Report made by CELS helps the Financial Institutions stated above deal with the crucial and imperative aspects of identifying an undisputed title. Identifying an undisputed title is important to all stakeholders involved, be it a buyer, seller, or a lending institution. Our reports facilitate the seeker/FI with an answer, as to whether a property is mortgage worthy as collateral or not. When I started working for the aforesaid FI’s I was put across several questions. Questions which had simple solutions yet no one had compiled the answers in a streamlined manner. CELS then published a hand book for its clients which not only gives its readers theoretical knowledge but practical knowledge which the reader can implement “tout de suite”, while dealing with a title. CELS has published the said handbook primarily keeping the documents, sub-registrar offices, the authorities, legislations, and other aspects which have direct application to the NCT of Delhi and its nearby territories (NCR). But the research base is such, that said fundamentals apply to the whole of India more or less.

    Your experience includes handling Commercial Court Cases. Could you share a challenging case that you worked on and the strategies you employed?

    Recently before the Patiala House Court, New Delhi, I had the opportunity to defend a case in which recovery of more than two crore inclusive of interest was filed against my client. All remedies under the Pre-Mediation and Settlement had been waived as my client had failed to participate. Now I was left to defend a massive recovery. I asked my client how much of the demand was legitimate. He admitted to me that the applicant / suing party is entitled to almost 80% of the amount mentioned in the suit. All though it is difficult to sum up in a paragraph as to what strategies were adopted. I’d say we went at everything from challenging the jurisdiction, to the absence of cause of action. We challenged the clause vesting jurisdiction on a Court which otherwise does not have jurisdiction. I relied on the judgement of Bahrain Petroleum Co., where the Hon’ble Supreme Court had held that neither consent nor waiver nor acquiescence can confer jurisdiction upon a court, otherwise incompetent to try the suit. It is well-settled and needs no authority that ‘where a court takes upon itself to exercise a jurisdiction it does not possess, its decision amounts to nothing. Further strategies adopted were challenging the facts on the basis of evidence available, an applicability of an expired contract etc, filing a detailed written statement. At the end the matter was settled we had to only pay a fraction of the suit amount. The court’s name was Anurag Sain DJ (Commercial Court)-01, CS(COMM)525/22. 

    NCDRC cases against builders on behalf of homebuyers are significant. Can you discuss the typical issues faced by homebuyers and the legal steps you take to address their concerns?

    NCDRC is the highest consumer forum available in India for relief against wrongs done by Builders. But after my experience at the NCDRC I’d suggest all consumers to approach RERA or NCLT. I am not suggesting that NCDRC is not an apt forum for relief, but the fact that the said forum is flooded with cases cannot be discarded. I had filed a class action complaint in 2019. And the matter has recently reached the stage of final arguments. All my home buyers were seeking a refund but had to eventually settle. Even though I was successful in getting them massive discounts, the fact that during the proceedings the builder started to go insolvent project by project, broke the home buyer’s spirits to seek refund with interest and they opted for possession with discounts. The typical issues faced by home buyers are delayed possession, unlawful demands in construction linked payment plan, forfeiture of booking amount, non – construction of Unit & builder / project being declared insolvent. These are some typical cases which are ongoing before the NCDRC. Once a favourable order is passed, the execution of the said order also takes a substantial amount of time. And one just has to keep his fingers crossed on the builder not running away from the country or being sent to jail or being declared insolvent. Hence as an advocate you have to be equipped with alternate remedies for your client. Ref: CC/912/2019

    You’ve also been involved in defamation cases. What is the most interesting or unusual defamation case you’ve handled, and how did you navigate the complexities of civil and criminal aspects in such cases?

    The most interesting defamation case I have had the privilege of filing was for a celebrity YouTuber against another less known You Tuber. The defamation was done vide an impugned video clip uploaded on YouTube and shared across Telegram. Whatsapp and other messenger applications. The statements made in the impugned video were made with the culpable and malicious intention to defame my client. The video was made to spread an untrue, false and scandalous imputation against my client that he is a fraudulent person who has misguided its subscribers. The scandalous, false and defamatory statements were explicitly intended to harm the reputation of my client and to malign him before the public. We argued before the Civil and Criminal Court that a person’s reputation is an inseparable element of an individual’s personality and it cannot be allowed to be tarnished in the name of the right to freedom of speech and expression because the right to free speech does not mean the right to offend. Rather, the object of guaranteeing constitutional protection to freedom of speech and expression is to advance public debate and discourse. However, speech and writings laden with harmful intent or knowledge of causing harm or made with reckless disregard is not entitled to the protection of Article 19(1) (a) since it does not serve any Constitutional purpose. We navigated the complexities by stating that the mental suffering caused to my client cannot even be calculated in terms of money. The words published and spoken on YouTube, the statements made and the video posted were made to cause and to bring my client into hatred, contempt or ridicule and to diminish the good opinion that people at large have of him and, therefore, we prayed before the court to punish the offender. We were able to get the video removed immediately and the matter is now pending adjudication for damages and punishment. Ref :Cc 726/2023 MM-1/NE/KKD and CS(OS) 207/2023 

    You’ve mentioned drafting and arguing a petition for a ban against TikTok before the Supreme Court. Can you walk us through the process and the outcome of this high-profile case?

    I had filed a Writ Petition in Public Interest under Article 32, requesting the court to issue order or direction, in the nature of Mandamus imposing a temporary ban on the mobile application/social media portal such as TIK-TOK and others those are capable of being misused till the Coronavirus / Covid-19 disease subsides in India and/or directing the concerned government authority/authorities to formulate and implement a proper statutory framework or adequate Rules, Regulations or Guidelines thereto in order to prevent the misuse of such platforms during the crucial times when the world is fighting against the pandemic. The videos uploaded back then were adversely promoting cultural, spiritual and theological dimensions, instigating a particular community to violate and not to follow the Rules and Regulations/Advisories for Health and Safety, set out by the Government of India amidst the havoc of Covid-19. The advisories as to social distancing appealed by the Prime Minister had been projected through these adult videos as being contradictory to what is entailed in the Quran. The circulated videos were full of misinformation and were meant to incite fear, hate, or prejudice among communities. Even Dr Tedros Adhanom Ghebreyesus, Director General, World Health Organisation (WHO), had stated as under: “We are not just fighting an epidemic; we are fighting an infidemic. Fake news spreads faster and more easily than this virus, and is just as dangerous. ” I along with adv.J. Sai Deepak had filed this PIL with the motive to upkeep the safety and interest of 227 Million active users of Tik – Tok in India along with a population of 130 crore (approx.) population that has access to such misinformed videos that were causing harm to the public at large. But the Supreme Court dismissed our petition. Thereafter, I went to all the authorities in the legislature such as counsel of states, house of the people, legislative departments and even the Prime Minister. Eventually I was permitted to submit my research to the standing committee of Parliament after which the Government banned the application along with several other Chinese apps in 2020.

    Your experience at HCL Technologies involved managing legal aspects of contracts. Can you discuss how you identify ?

    At HCL Technologies we treated IT risk management as a necessity. At HCL Tech a team of lawyers used to realign their IT risk management processes to meet the constantly evolving regulatory requirements. We ensured that their IT ecosystem struck a balance between cost-effectiveness and efficiency. At the same time, we ensured that the next generation innovation and transformational business went smoothly. As a team we used to discuss and understand the complex IT business ecosystem first. We used to Visualize and understand risk as our first steps. Then we went about assessing the same and once risk elements were identified, we used to try and quantify the impact levels of the same. We used to prioritize the High-impact like situations and manoeuvre by drafting our contracts which would lower the impact. 

    What advice would you give to the fresh graduates who aspire to start their career in the legal industry?

    As law students and fresh graduates, there must have been an era when you, as viewers of TV series, may have grown addicted to ‘Celebrity Lawyer’ shows such as Boston Legal, Suits etc. Furthermore, this begins to seem a reality within the approach when you read about lawyers repeatedly in newspapers every day. To add to this illusion, most of our Government Post from Politicians to Head of Government Organizations are holding a law Degree. Their fee(s) is often a discussion from classrooms to club rooms. But this notion holds true only for a handful. Not every lawyer is paid exorbitant amounts of money and as a fresher, one might even have to work for a mere 15K to 20k. Yes, it’s a rate existing in the inflated year of 2023. Furthermore, the profession reaches a new level of toughness, in small towns, such as Allahabad. Allahabad High Court may be having the biggest Bar strength in terms of numbers but this does not imply that every litigating lawyer is having a ball. One might come across lawyers stating “Cigarette ka kharcha nikalata hai”. Undoubtedly, with experience comes a better Salary/ Fee but it takes perseverance and patience to reach that level. Thus the moral of the story is not to get influenced by hearsay or by the life of a lawyer in glorifying and glamorous TV series. Sorry to disappoint you but, all that you see on TV is a script, which is not only well written, but a gimmick that plays illusions with lawyers wearing crisp suits, swanky shoes and nice hairdos. Law does have a price which we all should aspire not to go by the glamour it has to offer, but by the richness it can offer in terms of knowledge and life skills.

    Get in touch with Vibhor Gupta-

  • Pramita Sen, Founder – WeYou Partners & W.A.L.You, in conversation with SuperLawyer on Her Journey in Law Firm Branding and tips for Young Professionals

    Pramita Sen, Founder – WeYou Partners & W.A.L.You, in conversation with SuperLawyer on Her Journey in Law Firm Branding and tips for Young Professionals

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Could you please tell us about your journey from Kolkata to the United States for your studies and how you ended up pursuing a career in law firm brand consultancy?

    I pursued an undergraduate degree in Marketing from North Dakota State University. Moving to the US for my education changed my worldview in unthinkable ways. I decided to explore marketing and branding for niche sectors like finance and investments. Moving to law firm brand consultancy was not necessarily planned, especially because marketing and business development weren’t something law firms openly engaged in, particularly in India. 

    After shifting my base back to India, I started my law firm brand consultancy journey as a Business Development Manager with Singh & Associates (now S&A Law Offices) over 13 years back. At the time, law firms had just begun to invest in branding and business development. As someone without a law background, the initial days were quite tough. I put in tremendous efforts to grasp the technicalities of law and understand the legal sector. Over the years the legal sector brand consultancy space has grown exponentially, and I feel grateful to have played an instrumental role in it. My niche in the legal space has led me to work with numerous growing and boutique law firms. I have helped create their brands and positioned them in the legal industry with a strategic and goal-oriented outlook.

    How did your academic background in marketing shape your approach to brand consultancy, especially in the legal sector?

    The strategic and result-driven approach towards marketing and branding in the legal sector has a lot to do with my education in the US. My experiences there forced me to think out of the box and explore something unconventional. For regulated sectors, like law, it is important to ensure compliance with statutory restrictions across all marketing initiatives, making it a bit more complex as compared to the open sectors. So, naturally, very few marketing graduates drive their focus in that direction. This was particularly true when I started my professional journey. And I took it as a challenge. Owing to my strong academic background in marketing, I have dissected marketing strategies for law firms into a four-pronged approach –

    • What are my clients’ vision and goals?
    • Which pain points am I solving for my client? 
    • Is my strategy aligned with the current industry practices?
    • Does my strategy go above and beyond the common industry practices? 

    The branding strategies I have developed based on this approach has brought yielded good results across my client portfolio Now, as the Founder & Principal Strategist at WeYou Partners, it makes me so happy that I get to share this approach with my team members, impacting the young generation of the legal industry to explore this as a viable career choice.

    WeYou Partners is known for its niche brand consulting services for boutique and growing law firms. Could you share some of your most significant successes in helping brands with their image and positioning?

    In my career as a brand consultant for lawyers and law firms, I have worked with wonderful organisations and have been a part of their growth story. 

    In 2019, I took to the solopreneur journey and established WeYou Partners. At WeYou Partners, I have and continue to work with some amazing law firms, offering expert strategies and insights in their branding and practice development initiatives. To share some of our significant successes, we worked with a 16-year-old (formerly) IP-centric law firm to help position and grow its corporate practice. I helped enhance the firm’s awards, recognitions, knowledge management and brand identity, focusing on their corporate practice. 

    We helped streamline branding and knowledge management processes for a specialised energy law firm. Formulated strategy for building the brand through social media, advised and assisted the firm in establishing a third-party platform for showcasing their knowledge in the energy, infrastructure and technology sectors, hence, resulted in the firm’s brand elevation.

    We helped a full-service boutique law firm separated from a renowned Tier-1 IP firm, to position themselves in the international legal industry. Keeping in mind their strategic preference towards organic and value-driven branding initiatives, I developed a simple yet impactful branding and positioning plan for the firm. Today, the firm works with globally renowned law firms and organisations.

    My team and I worked with the new management of a 30-year-old legacy law firm to rebrand, restructure and position the firm under new management, keeping its previous goodwill safe and positioning the firm as an IBC-focused boutique. 

    Over the years, we have become the brand consulting firm of choice of top-tier law firm partners setting up their own specialized practices. We have had the pleasure of working with several tier 1 former partner led firms across the start-up, private equity, banking, real estate, fintech sectors.

    These are just a few examples of the tremendous results we have brought for growing and boutique law firms over a short span of time. We’ve been fortunate to work with a lot more boutiques and mid-tier firms over the years.

    In addition to your professional achievements, you’re also a trained Indian classical traveller, dancer, and an active food blogger. How do these personal interests influence your professional life and brand consultancy work?

    I like to maintain a healthy work-life balance and it is something I have consciously fostered within WeYou Partners as well. Traveling, Dancing and food blogging are my ways of decompressing after a busy work day/week/month. It helps me maintain a centred and refreshed professional outlook. Creativity and clarity of thought are extremely crucial in branding. My personal interests help alleviate any mental exhaustion, ensuring that I am ready when my duty calls.

    You’ve been recognized by Forbes India as one of the Top Law Firm Management professionals in the Legal Powerlist 2022. What do you believe sets you apart and has contributed to your recognition in the legal industry?

    I consider branding as an investment a law firm makes in its future, so my focus is always on maximising the clients’ returns with a strategic and ROI-driven approach. Further, branding for law firms cannot be compared to branding for other sectors. Any branding and positioning strategy for law firms needs to respect the nobility of the profession itself. I maintain a principled approach to brand building which ensures that the law firms I work with become perennial legacies, and not just another trending brand. I also believe innovation and learning should never stop. I make a conscious effort to keep myself apprised of new technologies, market trends, and international best-practices. This helps develop strategies that learn from the past yet are futuristic in nature. 

    I truly believe these key attributes set me apart and have contributed to my growth in the legal industry. I see the Forbes recognition as a beginning and not as a culmination of my career. My team and I are just getting started! 

    Could you share more about your role as the Founder of W.A.L.You (Women. Action. Law & You) and its mission in supporting women leaders in the legal industry?

    My passion project, W.A.L.You, is a networking platform for women leaders in the legal industry who come together to exchange ideas, connect, mentor, and add value to each other. W.A.L.You challenges the traditional gender dynamics in the legal industry and is a forum to push the sector in the right direction.

    Throughout my life, I have met women and men who have shaped me in unimaginable ways, and I wish to give back as much as I can. When I founded WeYou Partners, I had a vision to empower women and help them achieve their rightful place in the legal industry. It makes me so happy to say that the WeYou Partners Team shares this vision and is 100% women-led across the hierarchy.

    During your career, you’ve held various positions, such as Founder at WeYou Partners and W.A.L.You, Principal Consultant at Lex Witness and more. How did these roles contribute to your growth and expertise in the legal and corporate affairs sector?

    I am fortunate to have been a part of some of the most amazing organisations, right from the beginning of my career. The experiences and insights I gained from my other roles have made me the professional I am today. Even when I started WeYou Partners, I had a singular goal in mind – I wanted to take my learnings from my career so far and close association with legal publishers, media houses, law firms of all sizes & tiers and legal professionals across practice areas, to build a growth-centric firm of my own. The people I work with inspire me to maintain a strong work-ethic and consistently deliver quality work. 

    As someone who has navigated a successful career journey, what advice would you give to fresh graduates looking to enter the world of law, brand consultancy, or any other profession in today’s competitive job market?

    To the fresh graduates, I extend this heartfelt advice: embrace individuality and seek constant learning. As you step into today’s competitive job market, your personality, growth mindset and differentiating skill set are the most important things. Don’t merely chase success; explore different things to find the one you are passionate about and pursue it. Take challenges as stepping stones, because each one will shape your resilience and determination. Every setback is a setup for a comeback. Believe in your dreams, work hard, and, most importantly, trust the process. 

    Get in touch with Pramita Sen-

  • It is always an advantage to have a 360-degree perspective on briefs, as it helps avoid situations where you win the battle in one forum yet lose the war in another- Lakshmi Menon, Independent Legal Practitioner at Law Chambers of Lakshmi Menon

    It is always an advantage to have a 360-degree perspective on briefs, as it helps avoid situations where you win the battle in one forum yet lose the war in another- Lakshmi Menon, Independent Legal Practitioner at Law Chambers of Lakshmi Menon

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Can you share with us your journey and what inspired you to pursue a career in law, especially with your impressive academic achievements?

    Like many others, I was once keen on cracking the UPSC exams and making my mark as an IAS officer. I was told by my family and friends that attempting the UPSC with law as a subject paper would make things easier. This made perfect sense. Law is after all a key pillar of governance, and I believed that having a degree in law would naturally give me an edge over my competitors when attempting the UPSC exams. So to my mind, the law was simply a means to an end at first. This is by no means to say that I did not take my CLAT preparations very seriously. I moved to ISC from the State Board after Class X as I felt this would allow me to pursue subjects that were more relevant for CLAT with more rigor. I also signed up for CLAT coaching classes, and gave it my best to make it to a good law school. 

    My larger goal of clearing the UPSC did not waiver, that is until I actually started law school and fell thoroughly in love with the law. I was awed by this complex network of norms that held the social contract together while leaving enough room for clever interpretations and mental gymnastics that it never became tedious. I lost myself in my textbooks and lectures, spending hours at the university library to soak in as much as I could of what the law had to teach me. I soon realized that the law was no longer something I had to do, but something I wanted to do. Once this realization hit, I never looked back.

    As for my “academic achievements” as you call it, I believe they are the by-products of  two things. First, a genuine fondness for what I do, and second, discipline / hard work. I also believe that consistent performance, be it at academics or any area for that matter, is just as important as excellence. Consistency takes determination, and a willingness to commit continuous effort to whatever one does. This belief has helped me stay focused not just in my academics, but also in my work.

    You’ve had a diverse range of experiences, from working at a prestigious tax law firm to handling various civil and commercial matters. What prompted you to establish your independent law practice in 2019?

    It was in my first year of law school, when I participated in the Nani Palkhivala Direct Tax Moot in Mumbai, that I was drawn towards tax law. This led me to pursue an internship with Lakshmikumaran & Sridharan in my third and fourth years, when I was fortunate enough to be offered a PPO. The time I spent at LKS in the formative years of my career was crucial, as it concretised my affinity towards tax law and ensured that it would remain one of my core practice areas. My subsequent stint reading for the BCL at Oxford University considerably broadened my professional horizons and opened my eyes to the fact that I need not pigeonhole myself into any one branch of law. The course structure allowed me to craft a cocktail curriculum for myself comprising among other things finance, trade, and comparative corporate law, which prompted me to look beyond my interest in tax when charting my career trajectory. My internship with Mr. Philip Baker, QC, served as a reminder of the adrenaline rush that came with running a well-researched and well-presented matter, and rekindled my interest in litigation. Upon my return to India, I spent some time learning the ropes of litigation at the chambers of Adv. C.K. Nandakumar (now a designated senior counsel), where I also learned invaluable lessons on running an independent law practice. From there, establishing my own chambers seemed a natural progression and I was able to fulfil that dream in 2019 – thanks in no small part to the blessings and support of my wonderful group of family, friends, seniors, and colleagues. 

    Your practice covers corporate insolvency, property, tax, and other commercial and civil matters. Could you give our listeners some insight into the unique challenges and rewards of handling such a wide array of legal areas?

    There are moments when I identify all too well with the adage “jack of all trades and master of none” as a general practitioner, given the sheer scope of work. Apart from needing strong foundations in all areas in which you practice, you also need to constantly stay on top of domain developments – be it a landmark judgment settling (or-unsettling) a substantive question of law, or an obscure circular from a local authority that manages to make existing workflows obsolete in one swift stroke. Many colleagues also argue, perhaps rightly so, that the world is heading towards super-specialization. Increasingly complex problems call for increasingly complex solutions, and some say that it is simply too difficult if not impossible to gain the required level of insight into multiple domains at once.

    However, for every moment of uncertainty, there are two others to remind me that there is still immense value in what we do. It is always an advantage to have a 360-degree perspective on briefs, as it helps avoid situations where you win the battle in one forum yet lose the war in another. Such a perspective only comes with experience gained by handling matters across domains and forums. We also do not work in silos and make it a point to enlist the help of domain experts as and when required.

    In addition, and most importantly, the subjects we handle are all interconnected at various levels. It is not possible to practice say corporate or commercial law without having a good grip on property and tax law. Ultimately, what makes a good lawyer is their innate understanding of how people work and think. The broader your sense of how and what makes the world tick, the more effective you are as a lawyer. 

    You’ve represented both government and non-governmental organizations, as well as tier 1 and 2 law firms. How do you adapt your approach when working with different types of clients and organizations?

    Every client, whether a government organization or a business, has a set of attributes that is unique to them. This could be their nature of work, familiarity with the legal system, reporting requirements, personal convictions – the list goes on. There are some clients who need to be sat down and patiently walk through their legal strategy many times over, while there are others you may not meet in person at all and with whom you interact only when strictly necessary. Needless to say, a one-size-fits-all approach will not work here and you are expected as a lawyer to tailor your approach based on the unique attributes of the client as well as the matter at hand.

    While the specifics may vary, there are some aspects of client relationships that stay the same irrespective of the client. For instance, I make it a point to handle every client with a high degree of professionalism, always respecting the human element behind each litigation. I do not differentiate my clients on an interpersonal level based on where they come from or what their background is. Lessons learnt from working with some clients can also be transposed to others, making the overall processes stronger. 

    As a guest lecturer at several universities and a guest editor for peer-reviewed journals, you’re deeply involved in legal academia. How do these roles complement your legal practice, and what do you enjoy most about them?

    While I have carried forward an interest in legal academia from my law school days, I am not sure it would be accurate to call me “deeply involved” at this point, as time and bandwidth constraints have certainly impacted my involvement. In the past, I used to be a frequent contributor to my university law journal and newsletters, as well as some external publications. We had an in-house knowledge building team at LKS, whose high-quality content kept us young lawyers on our feet and up to date. At Oxford, I was part of the South Asian Political Thought Discussion Group and occasionally coached younger students for moots and peer-reviewed their papers. I still receive invites to deliver guest lectures on tax and insolvency law from time to time and speak at various events / platforms. 

    I believe it is important to keep in touch with legal academia in whatever limited way our work schedule permits. Making time to read the right literature and also interact with students and other academicians will go a long way in strengthening one’s knowledge pool, particularly on aspects one may not routinely encounter in the course of work. As the rush from one matter to the next rarely leaves room for creative thought or knowledge-building, it becomes necessary to find other ways to organically stay in touch with academia. This could even be something as simple as setting aside time to discuss learnings with peers and colleagues.

    You’ve been recognized with awards such as the “Emerging Women’s Leader” award. What do you believe contributed most to your success, both academically and professionally?

    Success in any field in my opinion is largely the product of three things – determination, hard work, and consistency. If you give enough time and commitment to anything you do, success will find you sooner or later. Cliched as that might sound, I can say from personal experience that the formula does work. I had my priorities well-set from a very early age and was highly driven to be good at whatever I did. I knew my strengths and weaknesses well, and I put in as many hours as it took to get the results I wanted. I was also fortunate to have a good support system of family that helped me however they could, especially my parents, my husband and one particular maternal uncle, be it through words of encouragement to inspire me or objective reality-checks to keep me grounded. 

    In your impressive list of publications, you’ve covered topics ranging from tax law to arbitration. Could you highlight one area of law that you’re particularly passionate about and why it matters in today’s legal landscape?

    Although I have written on a variety of matters in the past, they have all largely been the outcome and logical extension of some litigation or advisory opinion that I have rendered. This is an unfortunate reflection of the reality that litigation leaves very little time to focus on other areas of interest.

    That said, if I were to highlight one area of law as my favourite, it would have to be insolvency and bankruptcy law. As an office, we handle matters under the IBC across all forums, from the NCLT up to the Hon’ble Supreme Court of India. This has given us a well-rounded and elaborate perspective in handling complex IBC matters. Our interactions with a variety of stakeholders including shareholders, directors, creditors, resolution professionals / liquidators and others in the system have not only helped us better understand the commercial motivations behind many decisions made in the IBC space, but they have also given us the ability predict with some accuracy the roadblocks in a resolution / liquidation process and plan around them. India’s experience with insolvency and bankruptcy may still be maturing, but I very much look forward to continuing my work in this evolving domain.

    Given your extensive experience in the legal field, what advice would you offer to recent law graduates who are just starting their careers and navigating the legal profession?

    As a first-generation woman lawyer, I was told at various points throughout my journey that the road ahead would be more than a little challenging. When I left my plush corporate job and set out to read for the BCL and thereafter, came back to India to be a full time litigator, there were several well-wishers who gave me similar caveats about the transition to litigation. I can now say with the benefit of hindsight that they were not wrong. There is a lot of struggle and even more uncertainty, especially as an independent practitioner. In my initial years of independent practice, the lack of definite answers like where / when / how will the next brief come if they come and will they pay, were all very unsettling. And very honestly, they still are.

    What I was not told enough however, was how rewarding an experience it is to brave the storm and watch yourself grow into the lawyer you always wanted to be. It is in fact the years of struggle that taught me to trust myself better. I took many leaps of faith, some small and some big, I made mistakes, learned from my mistakes, sought help and gave help where I could, and made it my life’s mission to pursue my dream of becoming a good lawyer. I will take the very fact that I am speaking to you now as proof that all the time and effort put in over the years did pay off. 

    This would be my advice to my future colleagues who are just stepping into the legal profession as well. You have chosen a career full of promise and intrigue. The road to success may be more treacherous for some of you than others, but it will not be easy for anyone. The law truly is a jealous mistress, and will demand all the attention you can give. However, if you give it the attention it deserves, the sky’s the limit. Take the time to introspect and know the direction you wish your career to go, keeping in mind that there always is room to reorient down the line. Once you have this clarity, work with an office that teaches you not just the subject but also the smaller life lessons that will help you in your career. Build a robust network of friends, colleagues, and acquaintances, as the importance of reputation through word-of-mouth cannot be overstated. Last but not the least, never stop learning. There is an ocean of knowledge available at your fingertips – make good use of it.

  • Decades would see more changes in law practice and legal industry in toto, and subsequently jobs would be eliminated- Insha Showkat, Independent Legal Attorney

    Decades would see more changes in law practice and legal industry in toto, and subsequently jobs would be eliminated- Insha Showkat, Independent Legal Attorney

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Can you share your journey and tell us what inspired you to pursue a career in law, from your early legal experiences to your current role as a Legal Manager?

    Coming from the land of beauty and chaos, Kashmir, gave me the sense of fair and unfair from my young age. Inherent good of man and fair treatment of societies was embedded in my mind. Growing up amidst military occupation and seeing the happenings had a profound impact on me. It was a confrontation everyday. Certainly that initial inclination for law was instilled right there and other factors played along. I always wanted to understand challenging rhetorical theory, to uncover the truth. World is full of issues that affect all of us across geographies and law touches everything, every facet of a society. My major inkling towards law came from my land, and the prevalent day to day conditions. I was clear about law from a young age as it had me glued to the fairness basis and felt like a just and honourable profession.

    Obviously, an unconventional choice as I came from a traditional business family and in fact, the first one to go to law school from my immediate family. Law came from my upbringing and despite the odds, I was inspired to do my part for an equitable world by becoming the voice of the unheard.  My schooling was done at Mallinson Girls School, Srinagar where I took part in extra curricular activities besides my academics. Being an avid debater, I always had a knack for formulating arguments and enjoyed that part. Being one of the players of the basketball team, I played some matches representing my school at that time. After finishing my school I went to South India, and opted for Bangalore Legal Studies to undertake my five year law course. Five years spent in Bangalore bring back fond memories and I cherish them like always.  During my law school, I lived in the college premises with nine other law school mates. Our dormitory was filled with girls who came from different parts of the country and it gave me a chance to understand nine different mindsets.  Along with enjoying law subjects, I thoroughly took part in the mooting, debating, and legal publications. Besides being rank holder in Constitutional and International Law, I also served as the Editor of our Law School Review, BILS Law Review. Many national and international moot courts were attended for sheer joy of analysing the problem, interpreting laws, drafting the memorials and weaving the argument. My main aim from mooting was to be a better learner, and to think on my feet while simultaneously stimulating and challenging my intellectual curiosity and capabilities. In my third year, I participated in the Bar Council of India International Moot organised by National Law University, Jodhpur along with my moot mates, Siri Roa (Counsel, USA) and Mohammad Azhar-u-ddin (Associate VP, Data Privacy Accenture). The problem was about International Law, Refugee Status and Sovereignty. In our semi final round in which we were pitted against National Law University, Delhi, the other side presented well crafted arguments with excellent oratory skills making such a compelling case. To my utter surprise, I almost got so engrossed by the arguments, that I caught myself in the abyss without the rebuttal points. While the other side was finishing their arguments, I quickly scribbled through pointers and jotted them down. We went for rebuttal over 12 factual and legal issues. To my utter surprise, we made it to the finals and the sitting Punjab Haryana Justice called our team and mentioned the reason for being in finals was “thinking on the foot and coming up with the 12 points”. Mooting tests and enriches one’s appetite for delivering under pressure early on. You take ownership of your calls which lets one reach his/her full potential. Teamwork decides how far a team can go. Two years later, while graduating out from law school, I was awarded ‘Best Mooter’ of Batch, 2012. With time, my passion for law grew and intensified. I am thankful to my mentors from law school who really taught me well.

    In your role at Vipra Legal, you managed litigation and arbitration while providing commercial advisory to various entities. How do you balance the demands of litigation and advisory work in a legal setting, and what were some of the key challenges you faced?

    It’s no secret that practising law is a bit demanding yet fulfilling. It’s not only about the best advice given to the clients but subsequently, to curtail down the risks. One has to step into the owners/ companies point of view to understand the depth of business risks and hence will emerge a balanced solution. Legal advisory has to align to the company’s risk tolerance and goals. Working with Partners to define and articulate each risk and its potential effects on business so decision makers could understand the impact and vulnerability. A top tier client at Vipra Legal was in the middle of a game changer merger wherein we reviewed and drafted exhaustive Commercial Agreements and Non Disclosure Agreements and designed a legal plan/strategy for execution which matched client objectives before putting the right people, tools in place for successful deliverance. You need to understand which task is critical and can convert revenue into profit. Balancing is an art which lawyers learn about from their mentors in the beginning itself and with having multiple clients waiting for the end result, whether a thorough advisory on the issue or an immediate filing and attaining of an injunction or favourable order, one has to prioritize the work and manage it timely.  In a managerial role, besides being up to date on factual scenarios and prevalent law plus the winning strategy of multiple ongoing cases, organizing task progress and team work loads is essential. Challenge of dealing with associates and running the show as a team is where one’s real patience is tested. I would say, a litmus test. Usually, and particularly lawyers don’t like to be managed and hence the perfect workplace can be created by developing a collaboration with high level of trust and openness, communication and engagement.  The tricky part comes in when at times, you have to manage peers who are equal, or even in cases have more experience and here you can’t go into the control mode but rather find that middle balanced ground and be thoughtful of relationships at the firm.

    Your experience at Elevate involved document review and using artificial intelligence for litigation support. Could you explain how AI is changing the legal landscape and what benefits or challenges it brings to the field?

    Legal landscape is shifting more than ever before as Companies look to adapt tools like Artificial Intelligence. Incorporating AI into legal practice drives day to day lives and more importantly, clients have come to accept it from employed firms. Al can make lawyers informed, provide data driven ideas, and above all improve efficiency. In my tenure with Elevate Services, as Senior Associate with Disputes and Investigations, I provided assistance to international Litigation teams of various top tier law firms; Gilbert and Tobin, Latham Watkins LLP, Backer Mckenzie, ReedSmith, DLA Piper, Skaden and many others. End to end legal solutions were provided to the law firms, right from the starting of the early assessment of the case until trial. Summarised chronologies, provided concise legal analysis, drawing up of Contracts, assisted in Due Diligence and weaved legal opinions. Now AI is being used to automate tasks  and drive efficiencies, spurred to cut costs. Elevate is the first Company to join hands with top notch law firm, Gilbert and Tobin for its dominant business model which is a game changer and first of its kind in the legal industry of India.

    With that, a new threat also looms. Law being the lucrative profession is most at the risk of AI advances. Can I be replaced ?!  After all, lawyers are merchants of words for the matter of fact. Decades would see more changes in law practice and legal industry in toto, and subsequently jobs would be eliminated. A research by economists of Goldman Sachs estimated the amount of legal work that would be automated by AI and results are at 44%. I consider myself to be a lifelong learner and we are going to live with this now. The only way lawyers would survive amidst the growing technology is by updating their skillset, by training themselves to understand the most intricate and complex legal issues and pushing forward. One would have no choice but to climb up the skill ladder and stay ahead of technology. Change will come but I guess we are still far as there are thorny issues of Data Privacy, Ethics and conflicting data which we usually term as ‘Hallucinations’ in the world of AI prevalent and still that bridge ought to been gapped. It’s a powerful tool for productivity and we will see it growing as it’s here to stay.

    As a Principal Associate at V Legal Empire, you were involved in a significant arbitration claim. Can you share a specific case or experience that stands out as a highlight of your career, and how did you navigate the complexities of such a high-stakes matter?

    V Legal Empire’s Corporate team represented Russian construction company Mosmetrostroy for an ongoing billion dollar Arbitration claim against the Chennai Government. Strategies and methods were built to deliver the best outcomes. The most critical juncture in the Arbitration –  We helped the client get a favourable order by allowing deposition via video conferencing in a cross examination which didn’t have a precedent of its kind in the Indian Arbitration cases. Application was drafted on strong facts, law and beautifully argued by the Senior Advocate. Quorum was presided over by three arbitrators and Justice AK Sikri allowed the Application keeping in view the complexities of cross border dispute and factual scenario of the case. Partner of the law firm was in Russia briefing the client on the nitty gritties of the cross examination and on the other hand, legal along with technical aspects were ensured by the corporate team on the Indian ground for profitable work. Document management of zillion documents were managed along with regular reporting of work in progress against the budget curtailing the project risks leading to efficiency in a more client oriented way.  At that time, the article “Institutional Arbitration: Emerging need for robust dispute resolution mechanism in India” was co-authored with the Partner of V Legal Empire, Vijjay Mehta. The paper highlighted the need for more organised/ institutionalized based Arbitration with an aim to bring best international arbitration practices to the country. Most successful economies in the world prefer an international arbitration institution which is independent and credible, and enjoys the domestic market. Running of these institutes benefits all the stakeholders – from arbitrators to lawyers to clients, to governments. Significance of reduced number of arbitrations in India was highlighted despite India being a top player in Arbitration.  Stats of SIAC, ICC, HKIAC were brought forth. It was published in Young Arbitration Review, Portugal 2018, Ed29.

    You’ve also worked as a Legal Editor at LexisNexis. What does the role of a legal editor entail, and how does it contribute to the legal community?

    I always remember my tenure with Lexis Nexis with a smile as it changed my perspective on a handful of things. LexisNexis, a United States based legal entity was my first International Corporate exposure and nothing could have been better than being under the guidance of Shilpi Pandita Ganesha (Associate Director) and Shreesh Chandra (Senior Director). One of the brilliant minds I have seen across various legal industries. Advancing the rule of law was the goal and what better than being the last set of eyes before the legal words are seen by the world. Actually, the job is simple: Monday through Friday, meetings in the morning, work on the scripts and contracts the rest of the day and into the night. Working with an International Publishing house is a different league altogether. Goal is always excellence: nothing less. You own your part of the Publishing calendar – you pick the authors (can be from a senior advocate to a judge, sitting judge for all your bad luck, jurist, legal luminary, academician). Calendar is driven by budget so deadlines are quite valuable. Right from the building of calendar, to the inception of the contract, improvisation of the Legal Content, research, analysing the judicial rulings cited. It is a painstaking process to achieve excellence. What I began to understand was that researching and writing legal content honed one’s skill so that mastering law becomes easier and faster. It reinforces that attitude with the unspoken doubt each editor has the intelligence and energy to do a fair job. Besides being responsible for every stage of law publication which involved contracts, content improvement, maintenance of daily communication with clients, also collaboration with leadership, strategy, sales, and marketing was done to ensure quality work. Regular feedback on playbooks and processes took place for smooth functioning of daily operations. One of the projects involved this – Days in a row, weeks, months I visited Professor VC Govindaraj who was living in South Delhi at that point of time. He being in his 90s’ was unable to move much and here we were sitting on random legal drafts to verify the accuracy of a detailed case analysis, Hague Convention on private law, and habitual residence and domicile and obligations for shaping foreign contracts and torts. Former Professor of Delhi University is the master of private international law and much to my relief it was nothing less than sheer joy working on the subject matter of my liking with the master himself. Conflict of laws is an increasingly important subject as now more than ever large numbers of people move through territories. This piece of work provided fresh perspectives on the subject of conflicting laws and analysed its significance in today’s dynamic contemporary world. Based on these meetings, I helped him finish the draft for final approval which finally got published five months later. The sharpness of the jurists mind was unbeatable. As he said, ‘ I want to have my dinner and never get up for morning tea. All I want is to leave behind my traces for the younger generation’. Without a doubt he has already.

    During your tenure as a Judicial Law Clerkship, you provided assistance to a judge and contributed to improving the efficiency of the judiciary. How has your experience as a law clerk influenced your perspective on the legal system?

    My path to clerkship was not something planned earlier. The idea of clerking hadn’t even crossed my mind until two years in Litigation. My career started with the Standing Counsel for the State of Jammu and Kashmir, Mr. Sunil Fernandes. His practice was majorly in the Apex Court of the country and what a commendable hold on the Constitutional Law he has attained. He backs everything up with law references and pure logic. I sometimes used to have casual conversations about the Kashmir issue and his progressive streak would always show. You were right fresh out of college and before the top judges of the country, looking at the famous seniors debating on the constitutionality of the provisions and what not. It was by the end of my two years in litigation that I had made up my mind about judicial clerking and the question now was which court and subsequently, the judge. It was going to be in Delhi High Court and someone on the civil side rooster, I thought as I wanted to get my basics and civil side stronger. Justice Endlaw was known for his rulings and integrity.  A close friend of mine knew Mahfooz Nazki, (Associate Partner, ELP) a Kashmiri Delhi based lawyer (who was with Justice Endlaw’s chambers while he was on bar before getting elevated). I vividly remember my conversation with Mahfooz. ‘He is a good man, but a hard task master’ were his words and aptly so. I put in my application and got called into his chambers. He was sitting at his desk, so deeply engrossed in reading and when he noticed me, right away he shooted, ‘Why do you want to do the clerkship? You have already been in the Supreme Court for two years’ in a very candid demeanour.  To my utter surprise, I was as frank as I could ever be with a sitting High Court Judge. I replied with my actual intentions of getting my basics straightened up. For the initial weeks, I was assigned with the part of observing the Court proceedings and mind you Justice Endlaw can start a random conversation about that one case. The way he thinks about his cases is absolutely stunning – law armoured with reasonability. Research work in his chambers is totally no nonsense business. He remembers his cases so well and to see him recite an old precedent with such an accuracy is unparalleled. He is usually the last judge to leave the High Court premises which is also the reason for his highest disposal rate in Delhi High Court. He maintains that balance of making the chambers lighter with his sense of humour. My probation with him was for three months and then I was termed ‘permanent’. Getting the perspective of a judge, as to how he looks at an issue is paramount. One should try a clerkship early in his days as it will be beneficial for having the correct approach to the case. Office of a judge also teaches you a lot about building trust and confidentiality. Justice Endlaw is a perfect judge to clerk with and it was my good fortune to be in his chambers.

    Looking back on your journey and extensive legal career, what advice would you offer to fresh law graduates who are just starting their careers in the legal profession?

    Remembering what Fali Nariman once said to us in his chambers while briefing him ‘Law is an ocean and if you dive into it, it gets deeper. No one is an expert. We only know of pieces here and there’.  Being open to learning in the field of law is a must as it is a vast domain. Not a profession for the faint hearted. One must do his homework properly and your hard work is going to pay its debt. Read, re read and reflect back. Know your facts and law well before facing the judge. Never be too sure about things as it’s an unpredictable domain, ever evolving. Be very present and have an attention for the minute details. A philanthropist friend of mine describes lawyers as magicians and even, pure specialists, and it cannot be more true in this modern age.  Be humble of your legal journey. Most importantly, among the rich resources of your legal career, probably the most integral part are your mates, colleagues, clerk, your own. Many of them are extraordinary people like you and take time to get to know them. Nurture the relationships. Time goes by too fast and law has a way of pressuring time and, more than often what gets lost in between are those significant ones. Cherish the time and enjoy lawyering ! 

    Get in touch with Insha Showkat-