Can you share with us the journey that led you to become a lawyer and eventually specialize in practising in the Supreme Court of India?
I come from a family of Lawyers, my grandfather, Late Shri Hari Shankar Singh, and my father Late Shri Rajendra Prasad Singh were eminent Advocates at Varanasi. Since childhood, I loved the environment at my ancestral chamber, and that’s what inspired me to pursue law.
The Chamber or the Office Area is in the front portion of our bungalow. Each day at our chamber was very eventful. There were thousands of law books and files, 10-15 lawyers, 4-5 clerks and 50-60 clients at any time. The Clients who used to visit were from various socio-economic strata, ranging from the poorest of the poor to the Rulers of erstwhile Princely States.
Unfortunately, my grandfather passed away when I was barely 2 years old, so I have faint memories of him. But I heard a lot about him. He was an alumnus of the first batch of LLB at Banaras Hindu University. He died in 1967 of a heart attack, around midnight, at that time he was amidst his files and books.
I was fortunate enough to get the opportunity to learn from my father. He sat in the centre of a large hall, along with my uncles and other advocates and clerks who used to work in our chamber. The walls of the large hall were covered with bookshelves and file racks. The hall always used to be filled with clients. And many clients used to sit outside in the waiting area until their turn came. His table had a fountain pen and an inkwell, and plies of journals and files. Even on festivals such as Diwali, my father used to read the law journals.
My father and grandfather were known for their exceptional legal acumen, compassionate nature, and their unwavering dedication to helping the underprivileged access justice. No client was returned for their inability to pay fees. In fact, I remember that it was a regular feature that my father used to give money to those clients who did not have money for the bus fare to return home.
The clerks at our chamber were very intriguing personalities in themselves; and left a lasting imprint on my mind. For instance, Munshi Nawal Kishore Lal Srivastava was as learned as a barrister. He had a command over several languages including English, Hindi, Persian, Urdu, and Sanskrit. He used to read law journals and made meaningful contributions to conferences. He hailed from Bhadani-Assi, Kashi (Varanasi), the area where Goswami Tulsi Das had authored Shri Ramcharitmanas.
My Uncles, Late Shri Surendra Narayan Singh and Late Shri Keshav Prasad Singh practised at the Allahabad High Court. Later on, both of them were elevated as Judges of the Allahabad High Court.
Since I grew up in such an environment, I developed a keen interest towards law and was able to appreciate the legal profession and its noble character. Thus, I decided to pursue law.
My uncle Late Justice Keshav Prasad Singh had asked me to start my practise from the Supreme Court since no one from our family practised there. Adhering to his advice, I came to Delhi in 1990 to start my practice at the Supreme Court. Before starting practice, I visited Late Justice Ram Manohar Sahai, then sitting Judge of the Hon’ble Supreme Court and sought his guidance and blessings. He was the brother of my father’s friend Late Mr. Madan Mohan Sahai, a leading advocate at Varanasi. Justice Sahai encouraged me a lot and was impressed by my commitment. I would like to express my special gratitude to him.
You’ve handled numerous high-profile cases throughout your career, including those involving Union Ministers and Members of Parliament. Can you tell us about a particularly challenging case that left a lasting impact on you and your career?
Although I have represented many Union Ministers and Members of Parliament, if I am asked to share a case that left a lasting impact on my career, it would be the case of Rajinder @ Tinda, a 16-year-old boy who used to shine shoes in the Chambers Block of the Supreme Court along with his brother Rajpal. He used to shine my shoes daily. One day his brother Rajpal asked me “Sahab aapka Vakalat Padhna mere kis kaam ka?” (Sir, your law degree is of what help to me?). Surprised by his question, I asked him what happened. He then told me that his brother had been arrested by the Delhi Police without any warrant and was being subjected to custodial torture at Civil Lines Police Station, Delhi; and asked me what could be done about it. I immediately drafted a Writ Petition praying for the issuance of a writ in the nature of Habeas Corpus. The Supreme Court summoned The Commissioner of Police, Delhi and ordered the release of Rajinder. This case was reported in several newspapers. I still have a copy of the news published in the Hindustan Times on July 3, 1992. This case opened many doors for me and thus left a lasting impact on my career. 2 accused persons in the infamous JJ Hospital Shootout case in Mumbai contacted me and requested me to represent them in the TADA Court, Mumbai. They said that they had read my name in the newspaper in Rajinder’s case and wanted to engage me. Now, from here I got noticed by a Union Minister who wanted me to represent him in the TADA Court too. He was accused of harbouring terrorists/hitmen of the underworld Don Dawood Ibrahim’s Gang. Then I represented him before various courts, including the Hon’ble Supreme Court.
Who knew that helping Rajinder would open so many avenues for me? One thing that I have learnt from my father is that I handle all the cases with the same passion, irrespective of whether my client is some Union Minister or, a shoe shine boy or bonded labourer.
Serving as the Standing Counsel for the State of Uttarakhand is a significant achievement. Could you describe your experience in the roles and the responsibilities that come with it?
My role as a standing counsel was to argue the matters and not drafting / filing. It is a common practice that a standing counsel is given multiple cases late in the evening, and he/she has to argue them before the court the very next day. Occasionally, I was even handed over the brief just before the matter was about to be taken up. What further tends to make it a challenging task is that you also have to argue cases of your private clients as well. Thus, you have to strike a balance between your private practice and your responsibility as a Standing Counsel of a State. The responsibilities of the Standing Counsel, or in fact any prosecution counsel, increase manifoldly when there is no private counsel for the complainant. Having served as the standing counsel for the State of Uttarakhand has indeed been an enriching experience. One of the significant reported Judgements in which I argued as the Standing Counsel for the State of Uttarakhand was Paramjeet Singh @ Pamma v. State of Uttarakhand 2010 (10) SCC 439. In this case, the Hon’ble Supreme Court heldthatthe evidence of a person does not become effaced from the record merely because he turned hostile, and deposition must be examined more cautiously to find out to what extent he has supported the case of the prosecution. In other words, it meant that, just because the witness has turned hostile, the guilt of the perpetrator cannot be purged.
You have a reputation for taking up pro-bono cases for underprivileged clients. Could you share a memorable experience or case where your pro-bono work made a significant difference in someone’s life?
I would like to share the case of Dharam Deo Yadav v. State of Uttar Pradesh, which was also reported in (2014) 5 SCC 509. Dharam Deo Yadav, a rickshaw puller, who was accused of murdering Diana Clare Routley, a 22-year-old girl from New Zealand who visited Varanasi in 1997. The Supreme Court in the judgement has emphasised the need to adopt scientific methods in crime detection to save the judicial system from low conviction rates. I appeared for Dharam Deo, who was challenging the High Court’s decision awarding him death penalty, holding that the case falls in the “rarest of rare category”. The Supreme Court altered the punishment from Death Sentence to Life Imprisonment for 20 years. The Supreme Court did not consider the case as the “rarest of rare” and therefore did not award capital punishment.
The prosecution’s case primarily rested upon the DNA test and circumstantial evidence. I relied upon a research paper by Yale University that highlighted the unreliability of DNA tests, why they should not be admissible as evidence in the courts and how they were far from foolproof. Another argument was that the case should not be categorized as “Rarest of Rare” on the basis of circumstantial evidence, especially when there was no neutral party to verify the claim of the police that the skeleton was recovered from the house of Dharam Deo, and it was highly probable that the evidence was placed by the police itself.
The case is significant not just because of the nature of the crime alleged, but also due to the various law points discussed in the Judgement such as Crime Scene Investigation, Expert Scientific Evidence, admissibility of DNA test, effect of statement of accused under 313 CrPC, meaning of the term custody, etc. This case was also taught in a Workshop at the National Judicial Academy.
Besides, I have also worked for many bonded labourers, one such case which got published in the newspaper was filed by Subhash
(my client) who somehow managed to flee from the brick kiln in Meerut, U.P. where he and 29 others were being forced to work. The court ordered the SSP (Meerut) to produce before it all the 29 labourers, including 10 women and 11 children. On the next date, the Police brought them to the Court Campus on a bus. They were carrying all kinds of things with them like their cots, utensils and even their goats! The Vacation Bench of the Hon’ble Supreme Court was pleased to release these bonded labourers.
Over the course of your 34-year career, the legal landscape in India has likely evolved. How have you adapted to these changes?
When I started my practice, the technology was not as advanced as nowadays. Typewriters were used by the stenographers and a cyclostyle was used to make copies of the petition. It was very difficult to get to know the status of a case. But in the early 1990s “Courtnic” was introduced. It was a computer system provided by the Supreme Court which could be used to check the case status etc. Back then, each time we had to check the status of the case, we had to pay Rs. 20/-. Now, of course, the technology is so advanced that any layman can easily check the status of any case from the comfort of their home, using their mobile or computer.
Another significant change that has emerged was the emergence of Legal Research Engines. Now with the help of Platforms such as SCC Online and Manupatra, etc., thousands of Judgments and Legal Research materials are available within no time. Earlier we had to go through the yearly digest of important cases and even go through all the journals to find relevant case laws.
Nowadays we are lucky that we can just carry an iPad to the court instead of bulky files, and it is better for the environment too. All these changes have only made our job easier, and it was not at all challenging to adapt to them.
Being a member of the International Council of Jurists in London and the Supreme Court Bar Association, you have a global perspective on legal issues. Can you tell us how these international affiliations have enriched your legal practice?
I have been representing international clients in the Supreme Court of India since the beginning of my career. My first international client was Ms. Pratima Thapar who was from Manhattan. She claimed to be the legally wedded wife of Late Mr. L. M. Thapar, who was a noted industrialist. This case was widely reported in many Newspapers.
I have been a member of the Supreme Court Bar Association since I started practising here.
The Distinguished Membership of the International Council of Jurists was recently bestowed upon me.
Finally, what advice would you like to give to fresh graduates aspiring to make a mark in the field of law, especially those who dream of practising at the Supreme Court level?
My advice to those who dream of practising at the Supreme Court would be to start from the District Level. You need to have a certain kind of foundation that only a trial court can give you. Nowadays everyone wants to practise at the Supreme Court. A great myth I would like to bust is that Trial Court advocates do not earn much. There are many brilliant advocates in Trial Courts who earn as much as, and sometimes even more than what an advocate who practices in the Supreme Court or High Court typically earns.
My second advice to budding lawyers would be: work under a good senior and learn as much as you can from him/her. However, those who are 1st generation lawyers and do not get the opportunity to work in a famous chamber should not be disheartened. This profession is time taking and everyone may not be able to reach glorious heights. You would have to consistently work hard to achieve your goal. Perseverance is the key.
Can you share with us what initially inspired you to pursue a career in law? What led you to specialize in areas like Cyber Crimes, IT & Cyber Security, Arbitration, Customs, and Criminal & Matrimonial Litigation?
As a practicing cybersecurity advocate, a career in law was never planned nor I ever dreamed of it. “I prominently believe everything happens to be destiny. Whatever happens, happens for a reason!” My journey sounds too cinematic. Growing up, I was fascinated by technology and electronics, which led me to pursue a degree in Computer Science. However, my father had different plans for me, and he enrolled me in a Political Science program against my wishes. At first, I was resistant to the change, but I eventually found myself becoming increasingly interested in the subject matter. The coursework provided me with a deep understanding of society, politics, and the justice system, which sparked my curiosity and drive to learn more. Then came a pivotal moment in my journey. My friends encouraged me to take the LLB entrance exam during my penultimate year, and against all odds, I secured a seat while they did not. Little did I know that this decision would shape my destiny as a legal professional. Today, I stand here with qualifications in LLB, LLM, Cyber Law, Intellectual Property Rights, Arbitration, and International Law and Diplomacy. My deep rooted passion for technology and computer knowledge led me to specialize in Cyber Security and Gaming Laws. With only a handful of professionals in the field, I saw an opportunity to fill a gap and make a real difference. Additionally, my extensive experience in customs litigation has become another area of expertise for me.
Looking back, I realize that life doesn’t always turn out as we plan it. Sometimes, unexpected opportunities arise, and it’s up to us to seize them. My journey may have started unconventionally, but it’s taught me to embrace the unknown and trust in fate. Today, I proudly serve as a cybersecurity advocate, helping individuals and organizations navigate the complex digital landscape and protect themselves from threats lurking in the shadows of the internet.
My story serves as a reminder to every first-generation lawyer, that sometimes the most unlikely paths lead to the most fulfilling destinations. So, my message to you is this: Embrace the unexpected twists and turns in your journey. Trust in destiny’s plan and allow it to lead you to greatness. Who knows, you might just discover your true calling in the most unexpected places.”
With your diverse academic background and numerous certifications, including being a Gold Medallist in Cyber Law, could you tell us how your education has shaped your legal career and expertise in these fields?
As I mentioned earlier, my journey into law was not a premeditated plan but rather a series of destiny’s intriguing twists and turns. I began my academic voyage with a foundation in Computer Science, guided by my innate curiosity and fascination with technology. While this might have seemed like an unconventional start for a future lawyer, it laid a solid groundwork for what was to come. This diverse subject knowledge has enabled me to better comprehend the legal implications of cybercrime and the importance of robust cybersecurity measures.
My passion for technology, combined with my computer knowledge, naturally led me to specialize in Cyber Security and Gaming Laws. I recognized the scarcity of Cyber Advocates in our country and thus realized how to make a profound impact on India’s digital Legal Cyberspace. My journey has been filled with unexpected opportunities and challenges, each contributing to my growth as a practicing Cyber Security Advocate. The Gold Medal in Cyber Law is a symbol of dedication, hard work, and a commitment to excellence in a rapidly evolving field. It is a testament to my dedication and commitment to excellence. It has given me a unique edge in understanding the nuances of cyberlaw and its applications in various jurisdictions. My certifications in Cybersecurity, Data Protection, Artificial Intelligence, Crypto and Bitcoin industry have further strengthened my ability to provide comprehensive legal solutions to clients.
As technology continues to evolve, it’s crucial for legal professionals to stay updated on the latest legal advancements and their implications on the law. As a practicing cybersecurity advocate, I remain dedicated to continuously updating my knowledge and skills to provide the best possible service to my clients.
To those who aspire to follow a similar path, I would advise you to be open to exploring diverse academic disciplines and certification programs. Embrace lifelong learning and stay committed to developing your skills and knowledge. With persistence, dedication, and the right guidance, you too can build a successful career in cybersecurity law and make a positive impact on upcoming AI, Metaverse and Cyber nauseas.
Your experience spans working with prominent law firms, senior advocates, and even in-house internships. How have these experiences influenced your perspective on the legal profession, and what valuable lessons have you learned along the way?
Throughout my legal journey, I had the opportunity to collaborate with prestigious law firms, senior advocates, and in-house legal teams. To be candid, my interactions with senior advocates and law firms were not always positive. As a legal associate, I came to understand the stark difference between employment and exploitation. In many instances, I felt more exploited than employed. I witnessed that some lawyers, often with privileged backgrounds, ventured into legal practice without truly grasping the challenges faced by first-generation lawyers like myself – the struggles, the emotional toll, and the pressures from our families. Unfortunately, much of my early litigation work did not offer significant financial support; instead, it exploited me both financially and mentally.
It became evident that many senior advocates did not provide fair compensation, and I encountered lawyers who failed to even reimburse basic office expenses or travel costs. Some would demotivate or discourage newcomers, insisting that litigation is a brutal profession and advising us to switch careers. The toxic work culture, demanding hours, late-night commitments, and instances of sexual harassment involving female students and lawyers revealed some harsh realities within the profession.
However, not all experiences were negative. I learned that, as junior lawyers, we don’t expect much from our mentors – all we seek is respect, adherence to professional ethics, and a valuable learning experience. Ironically, professional ethics often seemed like a theoretical subject during law school but held significant importance in litigation practice. Fortunately, there are professionals who uphold these values and serve as exceptional mentors. Some treat you like family, some as employees, and some younger advocates mentor you as a friend, guiding you through the basics of the legal profession. No matter what they will be at your back and will teach you nitties gritties of this profession.
All you need is a great mentor, unfortunately I haven’t found any during my learning span but these experiences have underlined the critical role of mentorship and the importance of learning from seasoned professionals. They’ve taught me that the legal field is far more nuanced than it may appear at first glance. As a practicing cybersecurity advocate, I will continue to uphold these principles and inspire others to do the same.
As the founder of AK Bhambri & Associates, what motivated you to establish your own law firm? Could you tell us about the key focus areas and goals of your firm?
The Motivation was driven by a desire for independence, creativity, and autonomy. I always wanted to break free from the constraints of traditional law firms and create a space where I could practice law & learn on my own terms. This sense of freedom and litigation spirit is something that resonates deeply with me in order to establish my own path in the litigation practise. The challenges I faced in my early career served as a catalyst for this decision.
My firm’s primary focus areas reflect the lessons I’ve learned and the traditional principles I hold on to. Our firm aims to provide legal services that prioritize fairness, transparency, and ethical conduct. Our goals include advocating for justice, particularly in areas where I’ve witnessed exploitation and challenges faced by new entrants to the legal field like litigation interns and fresh law graduates. We strive to create a work environment that fosters mentorship, learning, and professional growth, addressing the lack of support I experienced during my journey. We aim to be a beacon of hope for young advocates, offering them not just legal guidance but also a sense of belonging and support.
Our firm places a strong emphasis on adaptability, recognizing that the legal landscape is ever-evolving, especially in areas like Cyber security and IT, A.I and Metaverse. We aim to stay at the forefront of legal developments and provide cutting-edge solutions to our clients.
Overall, AK Bhambri & Associates serves as a model for what can be achieved through hard work, determination, and a willingness to take risks. It inspires me to pursue my dreams and create my own success story in the legal profession stems from a deep-rooted commitment to justice, mentorship, and making a positive impact in the legal profession, particularly for those who, like me, have faced adversity along the way.
You’ve been actively involved in seminars, webinars, and authored publications in the field of Cyber Law. Could you share some insights from your experiences as a speaker and author in this domain?
I have had the privilege of sharing my insights and expertise with diverse audiences through various platforms, including webinars, seminars, and guest lectures at law schools. Drawing from my experiences as an established Cyber advocate, having successfully hosted over 50 webinars, seminars, and guest
lectures in esteemed law schools, I’d like to share some valuable insights from my journey as a speaker and author in the domain of Cyber Law, AI, Metaverse, and Cybersecurity.
Through my extensive involvement as a speaker and author in the domain of Cyber Law, I have had the privilege of sharing knowledge and engaging with diverse audiences. It’s been immensely gratifying to witness the enthusiasm of young minds eager to explore the intricate world of Cyber Law and related fields.
Engaging with students, legal professionals, and enthusiasts has emphasized the need for ongoing education in areas like cyber security and AI, which are crucial for addressing contemporary legal challenges. As a speaker and author, I’ve had the opportunity to bridge the gap between Cyber law theory and Cyber security insights, helping aspiring legal professionals comprehend the real-world implications of the IT laws. Moreover, these experiences have reaffirmed my belief in the power of education and knowledge sharing. Each seminar, webinar, or lecture is an opportunity to inspire the next generation of legal experts and to encourage critical thinking and innovative problem-solving.
In sum, my journey as a speaker and author in the realms of Cyber Law, AI, Metaverse, and Cybersecurity has been a remarkable one, marked by the mutual exchange of insights and a shared commitment to advancing the field of law in an increasingly digital world.
You’re an Editorial Board Member of prestigious legal publications and a member of various legal associations. How do you balance your legal practice with your contributions to the legal community, and why is this important to you?
I actively participate as an Editorial Board Member in prestigious legal publications and hold memberships in various legal associations. Balancing my legal practice with these commitments is a testament to my dedication to the legal community and its continued growth. While my legal practice is vital to my career and livelihood, I recognize that giving back to the community and sharing my expertise with others is not only fulfilling but also beneficial to the advancement of the legal profession. This equilibrium is crucial to me because it allows me to bridge the gap between practical legal work and the broader legal discourse. My contributions to legal publications and associations are an extension of my commitment to staying at the forefront of legal developments, particularly in Cyber Law and related fields. It enables me to share insights, best practices, and expertise gained from my legal practice with a wider audience.
By participating in discussions, publishing articles, and presenting at conferences, I help raise awareness about critical issues and promote the evolution of legal frameworks that address the rapidly changing landscape of cyberspace. Moreover, being part of legal associations and editorial boards fosters a sense of community and collaboration. It connects me with like-minded professionals and provides a platform for networking and the exchange of ideas. These interactions, in turn, enrich my legal practice and keep me updated on emerging trends and challenges in the legal landscape.
In essence, balancing my legal practice with contributions to the legal community is a symbiotic relationship. It allows me to give back to the profession that has provided me with a fulfilling career while also enhancing my own legal expertise and professional network. Ultimately, striking a balance between my legal practice and contributions to the community is not only important for my personal satisfaction but also essential for the growth and success of the legal profession. By dedicating myself to both aspects, I aim to create a positive impact that extends beyond my immediate sphere of influence and contributes to the betterment of society as a whole.
Your firm also runs a unique program called “Cyber Noses Project.” Could you elaborate on the goals and impact of this initiative?
In my capacity as an established Cyber advocate, my firm spearheads a distinctive initiative known as the “Cyber Noses Project.” This endeavour is driven by our commitment to raising awareness about cybersecurity, I.T, AI and fostering a proactive approach to digital safety.
The name “Cyber Noses” draws inspiration from a fusion of Greek mythology and the cyber world. In Greek mythology, the story of Narcissus, a character known for his obsession with his own reflection, serves as a cautionary tale about self-absorption and vanity. The term “narcissism” is derived from Narcissus’ name. In the same context “Cyber Noses” the name takes on a unique and symbolic meaning. It signifies the need for individuals to be vigilant and self
aware in the cyber world, much like Narcissus should have been aware of his own reflection. It emphasizes the importance of looking beneath the surface of the virtual world to protect oneself and others from cyber threats and dangers.
Our program focuses on creating a comprehensive curriculum that covers a wide range of topics related to cybersecurity, data privacy, and digital citizenship. We tailor our training sessions to meet the specific needs of each group, ensuring that
participants receive relevant and age-appropriate information. The primary objective of this initiative is to impart practical knowledge and skills related to cybersecurity to a diverse audience, including students in schools, participants in NGOs, and aspiring legal professionals in law schools. Through hands-on training sessions and workshops, we aim to equip individuals with the tools and understanding necessary to navigate the digital landscape safely and responsibly. It seeks to simplify complex cybersecurity concepts and make them accessible to all, regardless of their prior background or expertise. By providing practical training, we empower individuals to protect themselves and their communities from cyber threats, data breaches, and online vulnerabilities.
The impact of this initiative is far-reaching. It not only enhances digital literacy but also contributes to building a safer and more secure digital environment. Participants gain the confidence to navigate the online world effectively and become advocates for cybersecurity within their respective spheres of influence.
Ultimately, the “Cyber Noses Project” embodies our dedication to giving back to society by sharing knowledge and skills that have the potential to safeguard individuals and organizations in an increasingly interconnected digital age.
Given your extensive experience in both litigation and arbitration, could you explain the key differences and challenges between these two aspects of legal practice?
Litigation and arbitration are two distinct forms of dispute resolution, each with its unique set of rules, procedures, and strategies. Litigation refers to the process of taking a dispute to court, where a judge will hear arguments and evidence from both parties and render a binding decision. Arbitration, on the other hand, involves submitting a dispute to a neutral third party, known as an arbitrator, who will review the evidence and arguments presented by both sides and issue a non-binding award.
One of the main differences is the level of formality and structure involved in each process. Litigation tends to be more formal and structured, with strict rules of procedure and evidence that must be followed whereas arbitration is generally considered to be a more flexible and informal process, with fewer rules and procedures to follow.
Another significant difference is the role of the decision-maker. In litigation, the judge plays a central role in deciding the outcome of the case, while in arbitration,
The arbitrator acts as a facilitator and mediator, helping the parties to reach a mutually acceptable agreement.
From a practitioner’s perspective, one of the biggest challenges of litigation is managing client expectations. Clients often have high hopes for a favourable outcome, and it can be difficult to manage their expectations when the judicial system moves slowly or unpredictably. Additionally, litigation can be expensive and time-consuming, which can put pressure on attorney fees and billing.
Arbitration, on the other hand, offers several advantages over litigation. It can be faster and less expensive than going to court, and it allows parties to choose an arbitrator with expertise in the subject matter of the dispute. However, one of the most significant challenges of arbitration is the limited scope for appeal. Unlike court decisions, arbitral awards are generally final and binding, leaving little room for error or challenge. Both litigation and arbitration demand distinct skill sets. Litigators must excel in courtroom advocacy, legal research, and the ability to present a compelling case before a Magistrate. Arbitrators require expertise in negotiation, procedural rules, and specialization of the subject matter. Overall, both litigation and arbitration have their strengths and weaknesses, and choosing the right approach depends on the specific circumstances of each case.
Finally, as a successful legal professional, what are the key principles or strategies you would recommend to young lawyers embarking on their professional journey in the legal field?
First and foremost, I would strongly advise aspiring lawyers to follow their passion and interests when pursuing internships or career opportunities. One of the biggest challenges is trying to stand out in a crowded field and secure a job in a reputable law firm. Unfortunately, many law students seem to be focusing on the wrong things, such as collecting certificates from internships rather than developing practical skills and gaining real-world experience. Don’t just chase internships for the sake of certificates. Certificates alone won’t set you apart; it’s your skills and expertise that truly matter.
Secondly, avoid blindly following the crowd or pursuing internships simply for the sake of numbers on your resume. The quantity of internships does not necessarily correlate with the quality of your learning experience. Instead, prioritize internships and experiences that genuinely contribute to your growth as a legal professional.
Third, young lawyers need to focus on building their practical skills, including research, writing, and advocacy abilities. These are the skills that will ultimately make them valuable assets to law firms and clients alike.
Lastly, networking is critical in the legal profession. Young lawyers should strive to connect with experienced attorneys, judges, and other legal professionals, as these connections can lead to valuable insights, mentorship, and even job opportunities. Attending conferences, joining professional organizations, and participating in online communities are all great ways to expand one’s network.
In conclusion, my advice to young lawyers is to be discerning in your choices, focus on building your knowledge and skills, and don’t lose sight of your passion and interests. Your dedication to genuine learning and growth will be the most significant factor in your success in the legal field.
Please tell us a bit about your background and how you ended up becoming a lawyer? Your journey seems to have some interesting twists, from your involvement in sailing to your legal career.
The way I went down into the legal career is quite unconventional. In fact, the very reason I decided to become a law student is sailing. I can already “hear” saying: “what sailing has to do with the legal career?”.
Here is what.
At the end of high school, I wanted to become a doctor and in Italy a preliminary test must be taken and passed for registering with the faculty of medicine. When I finished high school that test was scheduled for September 1st. I was due to take such a test until, towards the end of June, I learnt that I was selected for the Italian sailing team to take part in the Junior World Championship to be staged in Poland during the last ten days of August. Sailing was (and is) my life passion: I saw a dream I fought so much for becoming true: I had no doubt, and I chose sailing. Evidently, I was not bound to become a doctor! When I came back from Poland I, somehow, figured out that law was my future.
You mentioned that you come from a family where law wasn’t the traditional path. What drew you towards the legal profession, and how did you navigate your way into the field?
As I said above, I think it was my destiny that drove me into the legal profession.
I think that I was lucky, at the beginning, to find a boutique firm with the right mentor who took me by hand and introduced me to the profession both with day-by-day tasks and with the involvement in complex files and matters, always as if I was the person in charge (this helped to develop a very high sense of responsibility which I now cherish a lot, not so much back then!). He also gave me the chance to interact directly with the clients: I reckon that this does not happen often, especially in large size firms, but I now can say that it was extremely important in learning to have a good and balanced relationship with the clients.
Then I guess it was very much, on one side, my complete dedication, no matter what, to clients and matters/files I dealt with and, on the other side, the constant attention to my education whether in specific law matters/subjects (taking courses, lessons, seminars, every now and then) or about other skills such as personal development (coaching, language). At the end of the day, it has always been my belief that the most important part of one’s career is the beginning.
In all this, I guess I had a tremendous support from my parents and from my wonderful wife: they have always supported me in my aim to develop my career and to improve, to strive for the best.
Your professional experience spans across various law firms, and you’ve been involved in a wide range of sectors. Could you share more about your decision to work in boutique law firms and your approach to customization in your legal practice?
I guess that, again, the destiny shaped the initial part of my career: the start in a boutique firm gave me the opportunity, since day one, to take care of a variety of matters, in the most diverse industries, with a bespoke flavor: nothing pre-prepared, no standard draft or part of it, no standard approach. This is what I liked the most and made me want to stay, almost my entire career, in the same environment (boutique firm).
And in addition to that I am an emphatic person, which is seeking for “personal” relationship in which, whether they are clients or colleagues, the other can feel being special, the one and only to be taken care of, with attention and kindness. After all, who does not like that? I therefore thought that it wanted my clients to feel that way. Given my clients’ appreciation during my entire career, it must have been a good idea!
Your firm, de Bedin & Lee®, is the first Italian/Hong Kong firm in Italy. Could you elaborate on how this partnership came about and the benefits it brings to your clients and the legal industry?
Again, I think that it all went down, at least, at the beginning, to a personal relationship I developed with Claudio de Bedin, a mentor for me, both in my personal and professional life. I met him, with my wife, in Hong Kong in 2005 on my way back from Rizhao (a coastal city in the Shandong province) where I attended, in my capacity of President of the International 470 Class Association (the association of all sailors competing in the Olympic boat named “470”), to the 470 World Championship, the first ever to be staged in China. Claudio, although Italian, was born and raised in Hong Kong, and practiced there for all his life. I believe that we connected since the first time we met, I certainly did for his is an amazing professional and person. We remained in touch at a personal level, and, after some years, he involved me in some cross-border cases. In 2019, we decided to bring that relationship to the next level, becoming the first Italian/Hong Kong firm in Italy.
I believe that the benefits we bring to the table is the combination of expertise, from an Italian perspective (which is one of a civil law country) and from Hong Kong perspective (which is one of a common law country), the mix of efficiency and pragmatism of a Milanese firm and the dynamism and modernity of a Hong Kong one. For Italian and Chinese clients, as well as for foreigner clients of the firm, it is invaluable to have such a diverse, and yet well amalgamated, mix, where the cultural aspects are the key for better understanding them and their needs.
Your areas of expertise include contracts, corporate matters, data protection, M&A, real estate, and sports law. How did you manage to develop such a diverse skill set, and what advice do you have for young lawyers looking to specialize in multiple areas?
The expertise I acquired in such diverse areas was not a result of an express choice, it rather came from the fact that I always worked in a boutique firm, where it is normal to take care of a wide variety of cases, situations. in different industries. With the clients relying on the personal relationship and on my attitude, they want me to go deep into it. Working in multiple areas is interesting, stimulating, never boring, but also demanding as it always requires a lot of studying, researching, investigating.
To be honest, although I see the diversity of the areas I have worked and I work in, I also believe that, given the type on my clients (mainly corporations), those areas are all intertwined: the life of a company is marked by contracts, in corporate matters (they, also, require “contracts”), in M&A deals (again, they require “contracts”), in real estate matters (once again, they require “contracts”), and so on.
If I learnt a lesson in my professional life, that is to find what you like to do, what gives you satisfaction (and for that you have, at least, to go down different patterns!), then be conscious that you cannot do everything when it comes to your table.
You’ve had an impressive involvement in both corporate law and sports law. Could you share some of your experiences working with international clients, including listed companies and those in the sports industry?
Well, it is always difficult to single out some of the working experiences one had, because a lot of them are worth sharing, including for the lessons I learned.
One goes back a few years, and it is about a quite big M&A deal my firm took on. It was for a foreign company, listed in their country, which acquired wind power plants in Italy worth around a billion (the total enterprise value of the deal). It was massive, for a boutique firm like ours, which required working, literally around the clock, 24/7, for more than 6 months, from the due diligence to the negotiation of a very complex sale and purchase agreement. I learned so much, in term of negotiation skills, interaction with clients, colleagues and counterparts, but also, do not be surprised, on personal health side: one must always find time for taking care of his/her body/health because when one is under pressure of workload/deadlines, when one is under stress and shall work long hours, the body is a big ally: the fitter, the better. It might sound strange as our profession is performed while sit at a table, in front of a computer! But, trust me, it is not strange.
The other is recent (2023), and it is about a very complex arbitration on a highly sensitive sport matter, which also had great “political” implications. Working alongside very experienced, world renown and talented professionals, either as my fellow arbitrators or as parties’ lawyers or consultants, was very demanding but also motivating and, at the end of the day, very rewarding. In this case, I was reminded to never lose focus on what really matters (from the legal point of view), especially with hundreds/thousands of pages: sometimes the solution is very simple and it is there, right in front of your eyes.
Your passion for sailing is evident from your impressive sporting and management career in the field. How did your background in sailing influence your approach to law and management?
While I am not sure my career in sailing was as impressive as you kindly defined, I am definitely sure that sailing has shaped my character and my attitude: if I became the accomplished and resolved person I am now, it is largely due to my athlete’s career: I experienced the fatigue and the sacrifices, the pains and the joys, the frustrations and the rewards, I learnt to work in team, to focus on what matters at any given time.
In sailing I learnt the lesson that has been the fil rouge of my life: to never give up (I retired from sailing competition only on two occasions, when my boat suffered serious incidents … one being the falling of the mast!). Never, means never, even when you are exhausted, when you do not see any solutions, when everyone else walks away … that is the moment when you can make the difference. In the legal profession that could mean sometimes to try a different angle, to keep negotiating with your counterpart or to research once more among the cases of law.
I recall a long-distance race on a lake, many years ago. Towards the end of the race, we were in second position. There was a very light wind, the water was almost a “mirror”. The first boat was around 200 meters from the finishing line, stuck with no wind but, nevertheless, closer, much closer, to winning the race than us (we were around 1,5 thousand meters from the finishing line). Believe me, nobody could, in his right mind, seriously think that the first place was still up for grabs. Well, with the persuasion of a very experienced older sailors on our boat, we never gave up in searching the smallest, even insignificant, puff of wind, in reading all the signs one can spot on the water or in the surroundings, and after an exhausting hour and a half, during which, I remember, I could almost physically feel the power of the focus of our minds, in the same light wind … we crossed the finishing line in first position, just few seconds ahead of that boat.
Life has plenty of episodes that may resemble the one I have just mentioned: it is up to us to understand how … never give up!
You’ve held significant positions within the sports industry, including with World Sailing and the International Paralympic Committee. How do you believe your experience in sports management has contributed to your legal career and vice versa?
The positions I held, some of which I am still holding, with several organizations – such as sailing club, Olympic boat association (International 470 Class Association), the world governing body of the sport of sailing (International Sailing Federation, now World Sailing) and the International Paralympic Committee – gave me the chance to grow on the “cultures” side.
I mean when one talks to people coming from complete diverse cultures, from all over the world, one has the occasion to learn how they behave, think, speak, interact, and, why not, eat and drink, and then how one should approach them, talk to them, interact with them, what can be said and what cannot be said, what can be done and what cannot be done. It is a constant exercise which, again, requires dedication and even more a genuine desire to learn about the others, to understand them. Once you learn about them, once you understand them, anything can be achieved. Apply that attitude to the legal profession (whether one has foreign clients/counterparts/colleagues or not, it doesn’t really matter) and I believe that there will be a successful lawyer, who will be able to better understand the clients, their needs, the counterparts and their needs, the colleagues.
On the other side, my legal experience certainly was beneficial for the organizations I served and serve, as I brought to the table the skills of analysis, focus on the goal, effectiveness, and assertiveness, together with my personal calm and kind attitude, learnt and perfected in my profession.
It’s clear that sports played a significant role in shaping your character and values. How have the lessons you learned as an athlete and sports manager translated into your legal practice and leadership roles?
I have already mentioned the “never give up” lesson, resilience.
The other one is “always play by the rules”, no matter what, even when you see others not doing the same, even when it could be easier to take a short cut. Sport is about beating the opponent, on the same ground, with the same rules, just playing better, smarter, wiser, faster, and so on. The (legal) profession is the same, in my opinion: at the end of the day, disobeying the rules, choosing the shortcuts do not pay for anyone, not for the client, nor for the professional, nor for the community, neither for the society/country. And, deep down, it leaves you with the feeling of having been on the wrong side (even if you win), that is just where a lawyer should never be … after all, aren’t we lawyers swearing (at least, I did it my country) to act “in accordance with the means and principles of our legal system”?
Your journey from being the first lawyer in your family to becoming a successful legal professional is inspiring. What advice would you offer to fresh law graduates who are just starting their careers and are looking to make their mark in the legal field?
I do not like to give advice, I rather prefer to tell stories, my stories and if anyone can get something, learn something from those stories I am happy.
I, therefore, want to finish with a true story that happened in Milan which has been a lighthouse in my career.
One day, a client, a very wealthy one, an entrepreneur, asked for an urgent meeting with his lawyer as he had a very pressing matter to deal with. Once the client entered the lawyer’s office erupted into tears, as the matter was serious, one that could really bring his business to an end (it was an insolvency matter). The client and the lawyer discussed the matter at length, and, after a couple of hours, the client left the office, at least not in tears anymore. The evening of the same day, the lawyer went to the famous La Scala (world renown theater in Milan for opera, ballet, and orchestras); as soon as he entered the foyer, he spotted that very same client, enjoying the company of his friends, laughing with them, having fun with them, and talking about the summer holidays. The lawyer could not resist and, after around 10 minutes, approached the client and, after having walked away from the crowd, he asked: “Weren’t you so desperate, in my office, less than 3 hours ago? Has the matter we discussed disappeared? Has anything happened that I do not know? Because I do not really understand how you can enjoy so much with such a serious matter pending over your head like a sword”. The client, with a big smile: “My dear, my dear, you know that I completely trust you, with all my fibers. Now that I have put the matter into your hands, it is not my problem anymore, it is yours. That’s why I am enjoying it so much as you saw”.
Aim at being like such a lawyer and you will live a full, happy, meaningful, and fulfilling professional life (and personal). I aimed at being like such a lawyer. I think I have been like him, in several cases for sure. I can sincerely say now that I have had, so far, a full, happy, meaningful, and fulfilling professional life.
Can you tell us about your journey and how you ended up pursuing a career in law? What inspired you to specialize in arbitration law?
My father was a renowned Senior Counsel and at some point in my early years, I was intrigued to choose law as a career. However, I was still going back and forth in making a final decision. I, then met some people from America in Mumbai who had major on-going arbitrations with ONGC. Frankly, the fees that was offered to me as a Junior Counsel was so lucrative that I was immediately attracted to handle arbitrations for them. Yielding successful results for my clients, they recommended my name to a large number of international companies that had their base in India. So, I started getting a lot of international arbitration matters as a Junior Counsel in India.
Graduating with a Gold Medal from Bombay University is a remarkable achievement. How did your academic background influence your career path in law?
Receiving a Gold Medal from the Bombay University dissipated all the uncertainties I previously had, as it gave me the confidence that I obviously had the necessary skills for the legal profession and got even more determined to pursue law as a career.
You completed your degree in Law from the University of Cambridge, UK. How did studying abroad shape your perspectives on law and arbitration?
While studying in Cambridge, I learned how to carry out an in-depth analysis of legal cases. In those days, we did not have NLUs (National Law Universities) and only had very few law colleges, where they opted for a rather standard approach to legal studies. Cambridge taught me how to go about the subjects and understand the very core and nexus of the subjects with a certain amount of depth.
As the Founder and Managing Partner of Advani Law, you’ve become a highly regarded authority on arbitration law. Could you share some key moments or experiences that helped you reach this position?
I had desired to become a Counsel in the Bombay High Court, however, by sheer coincidence, my clients from America, with whom I had developed a long term association, suggested that I establish a law firm as large corporations usually preferred to engage law firms instead of lawyers in their individual capacity. With this understanding, I decided to start my law firm, Advani & Co. It was a very exciting journey, as all international companies I worked with made me travel around the world for many complex arbitrations. I found the work so exhilarating that I decided to focus on international arbitration instead of confining myself to courts in India.
You’ve been actively involved with various arbitral institutions, including SIAC, KLRCA, LCIA, and others. How did you become a member of the SIAC Court, and how has this involvement impacted your career?
I appeared in an arbitration before Michael Pryles, who later became the Chairman of Singapore International Arbitration Centre (SIAC) Court. He found that I would be a suitable candidate for spearheading arbitration work in India. It did not seriously impact my career until the SIAC Board started appointing me as an arbitrator alongside retired Hon’ble Chief Justices and Supreme Court Judges of India, with me being the presiding arbitrator in most cases. Therefore, my career grew as an arbitrator alongside my role as a lawyer.
Serving as the first President of the Indian Arbitration Forum is a significant accomplishment. Could you share some of the challenges and rewards you experienced during your tenure?
There were some conferences in Singapore that I was unable to attend, however, several of colleagues had attended the same and suggested my name as the first President of the Indian Arbitration Forum (IAF). When I arrived from abroad, I was informed that I was the first President of the IAF. I attempted to create an Arbitration Bar, but I was not very successful as more lawyers were not treating arbitration as a specialty at that time. So after several years, I deem its best to be left for the younger lawyers to create an Arbitration Bar for international cases.
Your expertise lies in both Commercial Domestic and International Arbitration. What sparked your interest in working with global players in the oil and gas, infrastructure, construction, and renewable energy sectors?
During the early 2005’s, I was handling the cream of international arbitration work in India. However, from 2005 onwards, all major arbitrations were going to international law firms. Consequently, I started taking on domestic cases where the stakes were higher, and Indian companies began paying more than before.
Enforcement of Awards and Foreign Decrees can be challenging, especially in India. How have you and your firm successfully navigated and enforced international awards in the country’s legal landscape?
Many international law firms are familiar with us and approach us for the enforcement of international arbitration awards and decrees from their courts. As for enforcement overseas, we engage law firms we have known in that territory for a long period of time, as we don’t have an active role in enforcing awards outside India.
You’ve been invited to speak at various organizations, both locally and internationally, on arbitration-related topics. How do you approach these speaking engagements, and what key messages do you aim to deliver to the audience?
Currently, for the last two years, there has been opposition and dissenting views with regards to whether non-signatories can be made party to arbitration proceedings. I strongly believe that Indian courts have taken a proper view that non-signatories can be made a party. Although this view is unpopular in England and Singapore, both of which are common law countries, I believe India has taken a lead in this regard. I have actively promoted this perspective in all the arbitration conferences where I have been a speaker in recent years.
With your wealth of experience in the legal profession, what advice would you give to fresh law graduates who are aspiring to pursue a career in arbitration or dispute resolution?
My first piece of advice to aspiring arbitration specialists would be to gain experience in trial courts where cross-examination is critical. Most high courts do not provide such experience. After gaining experience in trial courts across the nation, you should focus on gaining experience in the High Courts, particularly regarding Section 34 for setting aside awards, as nearly every arbitration in India is challenged in the courts. With experience in both of these areas, you will be well-prepared to establish yourself as an arbitration specialist, handling both international and domestic cases. It’s important to understand that in international arbitrations, you need to collaborate with a lawyer experienced in international arbitration, as they operate quite differently from domestic arbitrations. Armed with this experience, you can confidently handle arbitrations worldwide.
Can you share with us your journey and what inspired you to pursue a career in law?
I come from a family of lawyers, which cemented my interest in the legal profession. From a very young age I was sure that I wanted to pursue law as a career. The more I learned about the law, the more I realized its potential to bring about meaningful change.
Right after law school I took the conscious decision of not joining my family’s corporate firm and ventured into litigation, which I have found to be my true calling and passion.
I have been fortunate enough to have been mentored by the brightest legal minds in the fraternity who have shaped me into a confident young litigator. I look forward to reaching the pinnacle of success and mentoring the next generation of lawyers as I have been mentored by my seniors.
With 15 years of extensive experience, you’ve established a stellar reputation in the legal field. Could you tell us about the most challenging case you’ve worked on and the outcome you achieved?
I have been extremely fortunate to have worked on a wide range of matters in my career, and the experience I have gained while doing this is invaluable. While every case one argues is close to the heart, but one case that stands out is the Delhi University photocopy matter.
I was representing the photocopier in the matter against the might of international publishers. It was truly a David and Goliath story. Justice Endlaw ruled in our favour holding that the right to photocopy was ‘fair use’ under the Copyright Act. The impact that the judgment had on the students throughout the country and the education system in India has been immeasurable.
I vividly remember the day the judgment was pronounced. There were scenes of jubilation outside the court room. It was a very emotional and proud moment for me. The impact that the judgment had on the education system is immense.
You have a comprehensive understanding of various areas of law, including civil, commercial, arbitration, and white-collar crimes. How do you manage to maintain such a diverse legal practice effectively?
In today’s day and age, there is a huge focus on specialization. No doubt specialisation is extremely important, but as a general practitioner developing a diverse multi-disciplinary practice is very important in my view. In my opinion, you cannot limit yourself to one area of law, in view of the complexity of disputes these days.
As counsels were are exposed to a wide variety of matters, which hone your skills in different areas of law. One needs to constantly learn and adapt to different matters. This is very challenging, but is equally rewarding as well. I personally feel that once your fundamentals are clear, combined with knowledge of procedural aspects, you can easily adapt to any area of law, be it civil or on the criminal side.
You’ve been appointed as an arbitrator in numerous cases. What are the unique challenges and responsibilities that come with this role, and how do you ensure fair and efficient dispute resolution?
Being appointed as an arbitrator carries distinct challenges and responsibilities. One key challenge is maintaining impartiality and neutrality throughout the arbitration process. This involves avoiding any conflicts of interest and ensuring that both parties have an equal opportunity to present their case.
To ensure fair and efficient dispute resolution, I stay well-versed in the relevant laws and regulations, enabling me to interpret contracts, assess evidence, and make informed, legally sound decisions. Additionally, I actively encourage settlement discussions when appropriate.
In addition to your legal practice, you’ve also written several articles and publications. How does your commitment to sharing legal knowledge benefit the legal community as a whole?
I have a passion for writing, and I strongly feel that sharing knowledge and research through articles benefits the legal community greatly. In my view, it fosters a culture of continuous learning within the legal community. Sharing insights and expertise through articles and publications allows fellow legal professionals and clients to access valuable information, stay updated on legal developments, and explore innovative approaches to legal issues. This exchange of knowledge contributes to the growth and improvement of the legal profession as a whole.
Furthermore, it helps build trust and credibility. Clients and peers often view lawyers who actively contribute to legal literature as authorities in their field. This trust enhances one’s professional reputation and encourages clients to seek my counsel and representation, knowing that I am committed to staying at the forefront of legal knowledge.
Lastly, what advice would you like to give to fresh law graduates who are just starting their careers in the legal field?
My advice to fresh law graduates can be summed up in two key points. Firstly, never stop learning. The legal field is dynamic, so continuously update your knowledge through courses, seminars, and reading. Secondly, seek mentorship from experienced lawyers, as their guidance can significantly accelerate your growth. These principles will help you build a successful and fulfilling legal career.
Can you please share the story of how you embarked on your journey in law, from your days at National Law University to opening your own law firm, ‘YHprum Legal’ and establishing your practice in Delhi being a first-generation lawyer?
To start with, I come from a family of engineers and pursuing law was never a consideration during my school time. However, on advice of a family friend, I visited NLU Jodhpur and from there I was intrigued in law (as a probable career option), in the year 2006. I was enthralled by the environment & culture of NLU and after contemplating possible future opportunities in the field of law, decided to appear in the law entrance examination.
At that time, in the pre-CLAT era, each NLUs conducted their own entrance examination. Hence, I appeared for the entrance exams and got selected in the Rajiv Gandhi National University of Law (RGNUL), Punjab in the year 2007 for a five-year integrated B.A., LLB course.
Speaking of initial days at Law school, I must say that it was a whole roller-coaster, from studying different branches of law to participating in Moot court competitions, to preparing research projects and multiple seminar presentations to then applying for internships! With so much to do and learn, those five years went by in a flash and shaped my personality in a way that changed my perspective towards life.
After completing the Law in 2012, I was selected for a prestigious Judicial clerkship in the Supreme Court of India, wherein, I was assigned to the office of HMJ Dipak Mishra (Former Chief Justice of India). While working for the Bench at the highest level for a considerable time-period, later on, I decided to join the litigation and joined the Chamber of Mr. Gopal Jain, Sr. Advocate, Supreme Court of India, as litigation associate thus embarking on my journey in the field of litigation in Delhi.
Being a first-generation advocate and an outsider for Delhi legal circles, I was also inclined to join a Tier-I dispute resolution firm in Delhi for financial stability and professional growth, just like every second lawyer.
The thought of going independent, establishing my own law firm was intimidating and a distant dream at that time. But destiny had different plans and the path was already chosen for me!
After learning some basics of law & litigation at the Chamber of Mr. Jain, I started my independent practice before the Supreme Court, Delhi High Court, and various other tribunals for a few months with limited financial resources, zero clientele at hand and without any support or mentors. As a first-generation advocate, had his own share of struggles and difficulties, and it takes a whole lot of perseverance to survive the initial turbulent years of independent litigation practice.
The only strength that kept me going through that period was the consistent support of my colleagues from the Bar and my law school batch mates and friends, who were practising before different courts across the country and referred briefs to me in Delhi.
I was well aware that starting and running a law firm is not without its challenges, including competition, financial considerations, administrative responsibilities, and the need for marketing and business development.
After gaining some experience as an independent litigator, I, along with my colleague, Akanksha, decided to launch our Law firm, ‘YHprum Legal’, which means “Everything that can work will work”, it is ‘Murphy’ spelled backwards. The motive behind this move was to provide personalized, client-centric legal services, wherein, we can have client-focused practice that prioritizes individual needs and attention, with our expertise.
You’ve had a diverse legal career, working with prominent legal professionals and in various areas of practice. Could you highlight a few pivotal moments or experiences that significantly shaped your legal career?
I must admit that I did not choose the brief/case or court, they were referred to me and I accepted them all with a challenge to perform to the best of my ability.
All the briefs/cases that came my way were from different branches of law. As an independent litigator, you don’t really have an option of choosing the briefs or the area of practice. Fortunately or unfortunately, since the beginning of my litigation career, I had the opportunity to appear before different courts and forums, i.e., Supreme Court, Delhi High Court, and district courts, NCDRC, TDSAT, APTEL, CERC, NGT, NCLAT, NCLT, Arbitral Tribunals etc.
Appearing before a specialised Tribunal, such as APTEL, TDSAT, NCLAT & NGT, helped in expanding my horizon and understanding of the subject matter.
Highlighting a few cases that played a significant role in shaping my diverse legal career, naming a few of those, are as follows:
One of the intense legal battles that I was part of, TDSAT, was hearing AGR dues case wherein all the telecom companies challenged the validity of levy of license fee by TRAI, which was ultimately decided and settled in the Supreme Court. This intense legal battle has made me understand the nuances of telecom law.
Another case pertained to cancellation of AIPMT due to large scale irregularities in which a historical judgement was delivered by the Supreme Court by cancelling the examination on our plea.
Then, a large-scale irrigation project in the state of Telangana was also challenged by us due to violation of various environmental norms before the National Green Tribunal and subsequent to the Supreme Court;
I had the opportunity to work on the Ansal brothers (Uphar cinema fire) case, on quantum of sentence before the Supreme Court along with legal tycoon, Late Sh. Ram Jethmalani, the case preparation had forced me into sleepless nights.
In the Supreme Court the national newspaper were faced with contempt proceedings for non-implementation of Majithia wage board recommendation, wherein, we had to justify the non-action by the client and difficulties to implement to the committee report ;
I had been part of numerous mining lessees matters under the MMDR Act arising out of the state of Goa, wherein, the State Govt. had terminated the lease deed of various mining lessees due to non-compliance of Supreme Court direction in the landmark Goa foundation judgement.
Post cancellation of Coal blocks by the Supreme Court, various mining lessees had to fight hard for deemed renewal under Section 8A of the MMDR Act in various High Courts i.e. Delhi, Odisha and Jharkhand.
Recently, we were representing home buyers before the Supreme Court on application of MOFA Act and RERA in relation to deemed or blanket consent for additional structure to be constructed by the Builder.
One of the highly contested litigation is the effective implementation of All India Quota in PG courses for AIPMT/NEET aspirants, which we keep doing as and when the situation arises.
The above list is just an indication, wherein, the dispute or the judgment had made significant impact by laying down legal principles of constitutional importance.
As the founder and managing partner of ‘YHprum Legal’, you handle a wide range of cases, including arbitration, civil and criminal litigation, and commercial disputes. Can you tell us about a particularly challenging case that you’ve worked on and the lessons you learned from it, especially during COVID time?
The firm was founded in the most turbulent times that the world was seeing at that time, the COVID Pandemic. Due to the national lockdown wherein the courts were also shut, we were facing a complicated and unimaginable situation, the Indian Courts were embarking a new tech-era through virtual hearings and e-courts across the country.
Our advisory work during lockdown increased exponentially, wherein, we were answering numerous legal queries regarding the effect of lockdown on the clients’ cases and business. The notifications issued by RBI for moratorium and by local governments in relation to rental payments and employee payments required interpretation by the Courts. All pending arbitration were made virtual or adjourned indefinitely. The limitation period was extended by the Supreme Court. There was a sudden death in regular appearances due to adjournments and sudden fall in fresh matters filing.
It became difficult to get relief in regular pending matters due to non-listing. We had multiple arbitration proceedings pending at various levels in different courts or arbitral tribunals and clients were getting restless due to decline of urgent hearing or relief by the Courts. It took a while for us to settle down and make peace with the lockdown and its aftermath.
The Supreme Court passed an order for the release of under trials which created havoc across the country for the execution. We had to approach the Supreme Court through IA for implementation of the order in favour of our clients due to reluctance shown by the local authorities and Courts. Due to a sudden health emergency, we had to approach different Courts for regular and anticipatory bails for our clients, which at that time was a herculean task. Our existing clients were seeking legal opinion on application of force majeure on a daily basis. All physical meetings shifted to virtual meetings, which now have become a norm in our office.
The ever-changing regime of arbitration has become a major challenge for all of us. Every day the Courts are coming with different judgments with reference to interpretation of the Arbitration act provisions. The recent Constitution bench judgment on the stamping of the arbitration agreement and followed by a detailed judgement of Delhi High Court in the NHAI case had changed the scenario overnight. The IBC, 2016 being a new law is getting a makeover on a daily basis, which has become a different game altogether.
Representing homebuyers, post the enactment of the RERA, IBC and new Consumer Protection Act, 2019 had caused unwarranted confusion among the homebuyers about their status and forum hunt for appropriate relief. The Supreme Court judgments on anticipatory bail have no universal application and each bench has their own set of rules and consideration, which put the advocates in a perplexing situation to make clients understand if bails are getting rejected by the SC. A new phenomenon of putting strange bail conditions in matrimonial matters is making our work harder to get relief for our clients.
Each case has its own merits and demerits, and we are learning with each brief that is coming to us. In my more than eleven years of journey into litigation in Delhi, every appearance has been a learning experience, though sometimes we won our battle and sometimes lost it. But each brief leaves memory and is an experience, which motivates us to work harder, smarter and faster making survival possible in this continual race of successful litigators with client satisfaction.
In addition to your legal practice, you also serve as a judge for international moot court competitions. How has this experience influenced your perspective on legal education and advocacy?
During my law school, I had participated in a few moot competitions in which I played the role of a speaker as well as a researcher. I then realised that being a speaker in the moot competitions is not really my cup of tea and I was more comfortable in research & drafting. However, as an advocate, although initially I was hesitant to judge the moot competitions but eventually started enjoying the whole process of interacting with the participants and guiding them further. I had the honour to judge the international rounds and national rounds of the Jessup moot competition multiple times. I have now participated almost in every international moot court competition either as an arbitrator or judge viz., Willem C. Vis Moot (Vienna & Hong Kong), ICC trial, Frankfurt Moot, FDI Moot, Cross Examination Moot and various pre moots across continents.
During my journey as a judge for various international moot court competitions I had learnt various aspects of international law, commercial arbitration, investment law, international criminal law etc. Due to my extensive representation in different international moots, I am receiving multiple requests for support and assistance as a coach by different law (domestic and international) schools regularly, thereby complying to most of the requests.
I firmly believe that participation in such competitions is necessary for the law students during their law school because it would eventually help them in preparing for the art & craft of advocacy.
I think Indian legal education needs a revamp to realise the current reality and the same cannot be restricted or limited to bookish knowledge. The new emergent legal regime such as crypto currency, bitcoins, data protection, sports law, privacy law, AI, online ADR and emerging new technology needs to be taught in law school as part of their curriculum. The legal regime is changing with the speed of light and therefore, the law schools also need to catch up with the same to be at par with the real-time advocacy.
Your practice covers a wide array of areas, including constitution, arbitration, commercial disputes, and more. Is there a specific area of law that you find particularly fascinating or challenging, and why?
As you rightly mentioned, I have a whole diaspora of practice while appearing for my clients before various courts and forums. As I stated earlier, I had not selected my cases or had the privilege to select my clientele, therefore, it is very difficult to now admit or say which branch or specific area of law I find fascinating. But I can now confess, my most favourite part is appearing before the Supreme Court.
In the Supreme Court, the advocates are like all-rounder players who draft a wide range of petitions i.e., special leave petitions, writ petition, transfer petition, arbitration petition, civil and criminal appeals and sometimes contempt petition and review petitions.
To answer the question, commercial litigation before any Court or Tribunal fascinates me as I find it exhilarating. Now after spending a good number of years in litigation, I had realised that arbitration matters, IBC related matters and disputes arising out of special laws i.e. RERA, Electricity Act, Telecom Law, and Consumer Protection are always challenging.
You’ve represented clients in various high-profile cases, including matters related to home buyers, sexual assault victims, and constitutional validity. Could you share some insights into the strategies and approaches you employ in handling such sensitive cases?
The term ‘high-profile’ cases has no meaning in actual litigation. Every case is high profile for us. Our work strategy or approach is not different due to involvement of a high-profile individual or big amount. I had recently, represented a victim of gang rape before the Supreme by filing cancellation of bail application. The details of the case had shocked our conscience. We were shocked to see that the identity of the victim is disclosed everywhere by the local authorities, Trial Court and the High Court. We had to seek specific direction from the Supreme Court to redact her name from all court records.
Introduction of RERA and IBC has changed the legal scenario. While appearing in RERA, we had a different strategy in place if a case needs to be filed in UPRERA or HRERA. We prepared a ‘to do’ chart from filing till final grant of relief. The orders of RERA are paper decree and need special litigation strategy for enforcement, sometimes by approaching the High Court. We are representing home buyers under IBC, at different stages of the Insolvency before various NCLTs. The Supreme Court, post Judgement in Amrapali and post constitutional validity of the IBC, had settled law to certain crucial issues in favour of the home buyers, which eventually led to multiple litigation also. The challenge to constitutional validity of CAA is still pending in the Court, therefore, it would be difficult to divulge into that in more details.
There is no specific strategy or approach while handling sensitive cases. The facts speak for themselves, we make sure all facts are verified through documents and correctly represented in our drafts before filing. Our work is very client centric, wherein, we update our client about regular court proceedings as well our line of action. We believe that the client is first & foremost and it is ensured that the client is heard properly and advised as per law, to the best of our ability.
As a writer and columnist for legal publications, you have a keen interest in legal commentary. Are there any current legal issues or trends in India that you find particularly noteworthy and would like to share your perspective on?
I am quite inquisitive about the Supreme Court Judgements and make sure that in my free time I read them and if possible, share my views through social networking or by writing articles or commentary.
The recent development in the arbitration law is worrisome and will work against our country’s official position of being an arbitration friendly nation. The judicial interference or intervention in arbitration matters especially in Section 34 and 37 proceedings needs a revisit by the legislature.
At times, the Supreme Court judgements/orders are contrary to already settled legal positions and passed by ignoring the previous precedents which is a dangerous proposition.
The decision of the Constitution bench in the demonization case had set a wrong precedent by going against the settled legal position in relation to RBI’s power and involvement of the Central Government by announcing the same in hurry without any application of mind.
The Maharashtra CB Judgement had failed to lay down any legal position and indirectly supported and gave a stamp of approval for dethroning an elected government by money power.
I firmly believe that the State should not enter into the personal space of an individual and privacy must be respected as per the scheme of the Constitution.
The Supreme Court refusal to hear cases of individual liberty and matters of national importance has created a doubt on authority of the Court. I feel that the Supreme Court cannot be a CJI centric Court and the administrative side also needs to be run through a consultation process of the senior most judges. The ‘Master of the Roaster’ power given to the CJI must be reviewed and individuals cannot be given an absolute power, which can compromise integrity of the Institution.
I must laud the various measures taken by the current CJI DYC for making the court more litigant centric and approachable for a common man. The virtual hearing needs to be made permanent and not optional on behest of the Court. The litigant and advocate must be given the right to choose how they want to appear in the Court.
The enactment of the Mediation Act and Digital Protection Act and establishment of different arbitration centres across the country is a welcome step in the field of law.
Given your extensive experience in the legal field, what advice would you offer to recent law graduates who are starting their legal careers, especially those interested in litigation and dispute resolution?
I consider myself as a student and try to learn everyday through different modes. Despite spending a considerable time in litigation and dispute resolution, I still go to the Court just to hear the arguments of the Counsel, whenever some important matter of national or constitutional importance is going on. I had also enrolled myself for various mentor mentee programs offered by multiple platforms. I interact with law students and share my experience with them by telling do’s and don’ts before entering litigation with my little experience.
In today’s AI centric world, the legal profession is also not immune from its impact. Adoption of technology and usage of social networking is a key to survival for a better future to all those who are planning to enter this profession. Young lawyer’s must do networking and interact with their seniors and colleagues in the profession for guidance.
All those who are planning to enter litigation as a first-generation lawyer or an outsider, start networking from college days itself and try to get internships from those places wherein you seek future opportunity post law school. Get accustomed to technology and AI and try to be updated with the latest legal news around you. If you are curious and patient, you will surely survive in this profession.
I feel that Delhi as a place for advocates is full of opportunities and there is work for everyone, even though the competition is tough, the best will survive and grow gradually. Patience, perseverance, optimism and inquisitiveness are the key factors for survival in the litigation.
Lastly, considering your diverse legal background, what are your future aspirations or goals in the field of law, and how do you plan to continue making an impact in the legal profession in India?
We are growing gradually with help and assistance from all our well-wishers. Our aim is to continue making a difference in people’s lives through our legal work and assist all our clients to get them appropriate relief effectively.
I am planning to continue my contribution to legal education and advocacy by teaching law students in law schools and writing on legal issues to advance knowledge and promote legal research and writing.
I will continue to promote alternative dispute resolution (ADR) as an alternative to resolving issues through mediation and arbitration which can help reduce the burden on courts and promote quicker, cost-effective resolution of disputes for everyone.
I am a firm believer of sharing legal knowledge by teaching and mentoring law students and young lawyers which will ultimately help shaping the future of the legal profession.
Can you please share the story of what initially drew you to pursue a career in law? Was there a particular moment or experience that ignited your interest in this field?
To begin with, I had no one in my family who was a lawyer or who I could look up to for guidance in terms of a legal career. I’m a first generation lawyer who like most regular students was preparing for engineering at a point in time. It was only in class 12 when I realised that subjects such as Physics, and chemistry which were necessary for engineering were not my cup of tea. After finishing school, I just got an inkling towards Law so I started preparing for law entrance exams and happened to clear the entrance of IP University with a good rank so I decided to pursue B.A. LLB (H) from Amity Law School affiliated with IP University which was back then one of the top law colleges for pursuing law in India. And to this day, my passion in the field has grown every day striving to be the best in the field.
Your academic background shows a diverse range of legal coursework, from Criminal Law to Intellectual Property Rights. What led you to explore such a broad spectrum of legal disciplines during your education?
Throughout Law School, I had an inclination towards Intellectual Property Rights (IP). One of My internships during law school was at K&S Partners which is a boutique IP firm.
My internship at K&S laid the foundation of my interest towards IP by understanding the importance of the protection of IP in today’s era. Thereafter, I mostly interned in the field of IP in firms such as Lall and Sethi, Sai Krishna & Associates and Indus Law wherein, I got the opportunity to learn from some of the stalwarts in the field of IP. The experience gained during law school in the field of IP helped me secure a job at Lall Lahiri Salhotra (LLS) in their trademarks team where I learnt about the intricacies of Trademarks Law. However, I soon figured that this could not be my only area of practice and that my exposure could not be limited to the Trademark Registry. That in turn made me realise that I also need to explore other areas of law and especially litigation. I always had the zeal of appearing and arguing in court but being a first generation lawyer there was always an apprehension in the back of my mind about succeeding in litigation without any backing in the field whatsoever. After working at LLS for a year, I came across an opportunity at the Chambers of Mr. Sanjeev Bhandari (Former Special Public Prosecutor for CBI in Delhi High Court). I felt this was the right opportunity that would help me expand my horizon in law. Thereafter I was interviewed and I secured a job at his Chambers.
You’ve been actively involved in organizing legal awareness programs and events like the 1st National Debate Competition on ‘Rights of Homosexuals and the LGBTQ community.’ Could you tell us how these experiences influenced your perspective on the legal profession?
My college life at Amity Law School was very theoretical and not very vocational. Soon I realised that I would need to participate in other events as well to broaden my horizon and exposure in law. In the first year, I reluctantly participated in the mandatory moot court competition where I was selected as an extra candidate in case anyone in the first fifteen backed out.
That competition made me realise the importance of extracurricular events in law students ‘ lives. Thereafter, I participated in the 1st National Debate Competition on ‘Rights of Homosexuals and the LGBTQ community.’ Not only were the panellists some of the top names in the field of law but when I dwelled on the insights shared at such events, I realised that law is more than just the curriculum that we were studying. The objective of law is to take everyone’s interest into account without any bias to secure everyone’s rights. Later, in my practice, I keep that at the back of my mind while dealing with cases especially involving the marginal sections of society in mind.
Transitioning from your educational journey to professional experience, you’ve represented clients in various legal domains, including criminal trials, insurance claims, and intellectual property disputes. What motivated you to choose this diverse range of legal work?
My first job in the field was working as a contract consultant with Ernst and Young which was a direct college placement. It was a short stint that gave me a great insight into contract vetting and more importantly, that made me understand corporate culture which has been pivotal for me to deal with my clientele at Chambers of Jain and Kumar. Thereafter, at LLS working for MNCs, I understood the importance of right advisory, diligence and prosecution in the quest to protect their IP. Thereafter, at the same time, I also started feeling the need to broaden my horizon in law and not limit my scope to just Intellectual property rights so early in my career. Later working in the Chambers of Mr. Bhandari, provided me with a solid platform to learn about the complexities of white-collar crimes and banking laws from one of the best in the field. More importantly, I learnt the art of arguing in court and the importance of court craft while representing your Client’s brief.
The three jobs provided me with diverse experience to start my practice by the name of Chambers of Jain and Kumar with my other two partners Ms. Aarushi Jain and Mr. Yojit Pareek. We started this practice to build a full service law firm that could cater to all areas and aspects of law. Luckily, all three of us had different areas of practice coming from diverse practice backgrounds. I spearhead the litigation team in the firm wherein I represent MNCs, Corporates and Individuals in all domains of law in foras across the country up until the Supreme Court. The USP of our firm is to provide one stop solutions for all legal needs under one roof.
During your tenure at the Chambers of Mr. Sanjeev Bhandari, you were involved in complex litigations pertaining to a wide range of legal acts and codes. How did this experience shape your understanding of the intricacies of Indian law?
I owe a lot of my understanding of law to Mr. Sanjeev Bhandari. While assisting Mr. Bhandari, I was the only junior in his chambers. His Chambers provided me with the ideal platform to assist him in representing the Central Bureau of Investigation before the Delhi High Court in some of the most high profile cases in the country. That not only made me understand the optimal usage of time while preparing for a brief but also gave me the golden opportunity to appear against some of the stalwarts in the field. Also, with Mr. Bhandari being one of the leading counsels for banking law in Delhi, I got an opportunity to assist him in complex litigations before DRTs, High Courts and the Supreme Court.
You’ve also worked as an Associate in the Trademarks Team at Lall Lahiri & Salhotra, focusing on intellectual property rights. How has this experience impacted your perspective on the importance of protecting intellectual property in today’s world?
At Chambers of Jain and Kumar, one of our primary areas of Practice is IPR. In my tenure at LLS, while working on some of the well-known brands, I soon realised brand counterfeiting in India is a real issue that needs to be addressed. Today consumers in India with rising awareness relate to the brand and the quality that it brings along. However, to ensure that brand identity remains in place, the importance of IP in India has increased manifold in the last decade. In a developing economy such as ours, no small brand can become big without proper IP protection in place and no big brand today can survive without a good legal team that would advise on their prosecution, diligence and litigation.
In addition to your legal work, you’ve been engaged in pro bono activities, offering legal assistance to those in need. Could you share some insights into the motivation behind your pro bono work and its significance in your legal career?
We at Chambers of Jain and Kumar have a policy to do at least 5 pro bono cases every year. This goal was instilled in my mind back in time during my tenure with Mr. Bhandari working on criminal matters. On the criminal side in the Delhi High Court, I got the opportunity to observe cases of undertrials wherein I used to think in my head that if this particular aspect was presented in a better way, the results could’ve been different and therefore, probably better legal representation could’ve helped that person to protect his fundamental rights. This made me certain that at later stages of my career wherever possible I would try and represent the marginal section of society because law after all cannot be limited to people who can afford top lawyers. This was also one of the reasons that I applied for the Middle income panel on the criminal side of the Delhi High Court in my endeavour to achieve the goal of representing people who do not have the means but require quality legal support.
Finally, based on your journey from education to your current role, what advice would you like to offer to fresh law graduates who are just starting their careers in the legal field? What key lessons or principles have you learned that you believe would be valuable for them to know?
To all the first generation lawyers, one piece of advice that I always give is that the journey is difficult but it’s not impossible. You need a lot of patience, hard work and zeal but later on in your career, you reap the results of the hard work put in in the initial years of your career. Litigation is not only limited to drafting and arguing in court but knowledge and awareness of law plays a pivotal role. With laws changing every day in the form of new legislation and judgements, one has to keep abreast of whatever is happening daily and for that one must keep reading as much as possible to increase awareness which in turn helps to provide holistic advice to your Clients to represent your case in the best possible manner.
Can you share with us the pivotal moments and motivations that led you to pursue a career in law, from your academic achievements to your early experiences in the legal field?
Being born into a lawyer’s family, it was more likely that I would end up being a lawyer. However, apart from occasionally taking dictation from my father for his court matters, my exposure to law and litigation was quite limited. I was more inclined towards mathematics in school, which led me to pursue B.Com (Hons.) from Delhi University. My interest in law only piqued towards the fag end of my graduation when my interest in accountancy slightly waned. That is when I decided to join Campus Law Centre, Faculty of Law, Delhi University and study law. I truly embraced law only when I joined Luthra & Luthra Law offices after my graduation, where I got an opportunity to work on several high-profile disputes, connect with some of the brightest minds and occasionally enjoy five-star luxuries. Gradually, in the course of my journey, I have realised that a career in law apart from being a very effective vehicle for service to society, is equally remunerative and rewarding, and offers enough space and time to pursue other intellectual hobbies and interests as well. In hindsight, I feel I made the right decision to pursue a career in law as I could have never done a 9 to 5 job, or a regular government job. Being self-employed and creating job opportunities for others is very fulfilling and exhilarating at the same time.
You started your career at Luthra & Luthra Law Offices and then transitioned to independent practice. What were the key lessons you learned during your initial years in the legal industry, and how did it shape your decision to go independent?
Nearly a year that I worked with Luthra & Luthra was very rewarding and has stood me in good stead during all these years. It was there that I learnt to burn the proverbial midnight oil. On several occasions, after working the whole night, it would only be in the wee hours of the morning that I would come back home. Seeing the hierarchy of lawyers there classified as associates, senior associates etc., I realised that one cannot be in a secure environment for too long and the real challenge in law is to start independent practice. My father being a designated Senior Advocate also played a significant role in this decision. But he made it quite clear to me that your pedigree can only last you as long as you are able to satiate your clients and deliver results. Fortunately, quite early in my legal career, I understood that there are 100 lawyers pursuing 10 clients and that there is going to be stiff competition. And it is only sheer hard work that sets you apart from others. It also taught me to accept both good and bad with equanimity.
As an independent practitioner, you’ve worked on a wide range of cases, including arbitration, complex contract litigation, and various other areas of law. Can you share one particularly challenging case that tested your skills and knowledge and what you learned from that experience?
While there are many such cases and each case teaches you something new, I have a predilection towards my first case as an independent practitioner where I appeared before the Saket District Court and successfully argued a domestic violence matter filed against my client. I remember how I had gone fully armoured with three sets of case law and written notes of arguments and the other lawyers in the courtroom were quite astonished to see this level of preparation for an admission hearing, but that preparation kept me afloat and served me well. I was also commended by the learned Judge for my arguments who took me for a seasoned counsel. This experience taught me that no amount of preparation is too much and one should be fully conversant with the facts of the case supplemented by knowledge of the latest precedents on the subject. I cannot help but mention one of my first arbitrations in a tender matter for a PSU, which was one of the most fulfilling experiences in terms of the knowledge and skills that I acquired. More importantly, that case instilled a lot of self-belief and confidence in me. Another case close to my heart is one before the Orissa High Court where I resisted a petition for termination of the mandate of an arbitrator. I had to really think on my feet for that matter and pull a rabbit out of my hat. It is also true that every time you read a brief, you see a different angle to it and learn something new. Therefore, it is very important to read and re-read your brief.
Your involvement in the ‘ONGC vs. Afcons Gunanusa JV’ case was significant. Could you elaborate on the key aspects of this case and how it influenced your expertise in arbitration and the interpretation of the Arbitration & Conciliation Act, 1996?
The ‘ONGC vs. Afcons Gunanusa JV’ case was the consequence of looming uncertainty and opacity about the fixation of arbitration fees in ad hoc arbitrations in India. Though the Supreme Court in ‘NHAI vs. Gayatri Jhansi’ had upheld the agreement between the parties on arbitration fees as binding, no party dared to cross Lakshman Rekha of suggesting an appropriate fee to the Arbitrators. The Supreme Court finally laid rest to the fee conundrum in ONGC Afcons case and passed necessary directions on determination of arbitration fees; It particularly held that the Arbitral Tribunal does not have power to fix its own fees unilaterally and that the fees must be fixed at the inception of the proceedings to avoid unnecessary litigation and conflicts at later stage. This was truly a watershed case for me in many ways. The learning and lessons from assisting the then Attorney General for India, Mr. K.K. Venugopal, are for a lifetime; the opportunity of appearing before a Bench headed by the present Chief Justice of India and consisting of two future Chief Justices of India so early in my career; the satisfaction from intensive study, research and drafting and the sheer delight of participating in a landmark case is quite overwhelming. It taught me the single most important lesson- that a lawyer never ceases to be a student and it is essential to keep educating and updating oneself. More than the expertise in arbitration, it showed me how to develop command and competence in any branch of law.
You mentioned your academic background in commerce, which provides you with the ability to decipher complex financial statements and transactions. How has this background been beneficial in your legal career, especially in cases involving financial matters?
I honestly believe that background in commerce is helpful particularly when you are handling heavy stake arbitration matters. In any commercial dispute, there are two important aspects to the case: firstly, the party who is in breach and secondly, the measure of damages. It is the latter aspect, when you go into the proof and quantification of damages, i.e. financial claims, interest on capital, vouchers, ledger accounts, balance sheets, auditor’s report running into thousands of pages, that the knowledge of commerce comes in handy. I know quite a few brilliant lawyers who are not able to decipher basic P&L Account statements. I therefore recommend everyone to take a crash course in commerce, even if one has not pursued it at graduation level.
You’ve authored articles on a wide range of legal subjects. Could you share one article that you are particularly proud of and explain why it’s relevant in the legal landscape today?
Honestly, at the school level or college level, I never had any occasion or inclination to write any article. In fact, it was a very dear friend of my father-a retired bureaucrat, who motivated me to write even before I became a lawyer. He was editing a magazine in the early 2010s and gave me a platform to publish my articles. But out of the 25-30 articles that I have authored so far, it is very difficult to pinpoint one, yet I will pick my article ‘Suo motu cognizance: A panacea or a predicament?’ that was published in ‘Bar and Bench’ during the first wave of Covid. I honestly believe that this article continues to be relevant even today and ought to kindle more debate and discourse. I had received a great deal of appreciation for that piece of writing from many retired judges, senior counsels and colleagues.
Your experience involves working with various PSUs and handling different areas of law. How do you balance the diverse needs and legal challenges posed by your clients in the public sector, and what strategies do you employ to provide tailored solutions?
Dealing with PSU clients, as a matter of fact, is much more challenging than dealing with a private client and there are several reasons for this. In a PSU, there are various departments, namely marketing, finance, contract & procurement, HR etc. headed by a particular officer. At times, they are working at cross purposes unknown to them. If a dispute erupts against a contractor, all departments are interacting with the contractor speaking in different voices and tones; The process of harmonisation becomes a challenge. There is a vigilance angle in every case; you have to be doubly cautious while drafting pleadings for them. Unlike a private company, RTI applies to PSUs, any suppression or misstatement can land you in a soup. Remuneration is also meagre compared to private clients, but yet it is a delight to appear for PSUs because by and large the officers are upright, sincere and very well-educated and committed as well, although public perception is somewhat different.
Finally, what advice would you give to fresh law graduates who are just starting their careers in law? What skills and approaches do you believe are crucial for success in the legal profession, particularly in the context of your areas of expertise?
All that I would wish to say is that there is no substitute for hard work. I also maintain that a brilliant person may fail, but a hard working one can never fail. Proficiency in written and spoken English cannot be overemphasized. Of course, honesty and integrity are an absolute must, particularly when dealing with PSU clients. In a way, the legal profession requires no different skills than you would need in any other profession. It is hard work and honesty, coupled with a little bit of luck and maintaining level headedness and an affable demeanour throughout that will succeed.
Sir, can you share your journey from working as an Associate to becoming the Managing Partner at The Valid Points Law Offices? What motivated you to establish your own law firm in 2023?
Absolutely, I appreciate the opportunity to share this journey. The trajectory from an Associate to the position of Managing Partner at The Valid Points Law Offices is an intricate tapestry of professional growth, personal revelations, and a deepening commitment to my ethical practice, committed client service and effortless relationship management.
Starting as an Associate, I was initiated into the world of legal practice under the aegis of seasoned professionals. This foundational period was critical. My days were characterized by exhaustive research, drafting legal memoranda, interfacing with clients, and assisting senior attorneys in court proceedings. As an Associate, one learns not just the letter of the law, but its spirit. It was a period of intense learning, where every case and every client interaction added a new dimension to my understanding of the legal profession.
As years rolled by, I gradually climbed the ladder of hierarchy in the firm, transitioning from a Senior Associate to a Joint Partner. This phase was marked by increased responsibilities. I was now leading teams, handling more complex cases, and directly strategizing our approach to advisory and management roles. The transition also brought with it the need to mentor younger associates, something I found deeply fulfilling. It gave me an opportunity to give back, to share the insights I had gleaned over the years, and to shape the next generation of lawyers.
The decision to move towards the role of a Managing Partner was not one I took lightly. It was precipitated by a combination of factors. My vast experience, the trust and respect I had garnered from peers and clients, and an innate desire to shape the direction of the firm all played a part. As a Managing Partner, my role transcended beyond mere legal practice. It now encompassed administrative responsibilities, shaping the firm’s vision and mission, ensuring its financial health, fostering a conducive work environment, and setting high standards of professional conduct and ethics.
The year 2023 was a watershed moment in my career. The decision to establish The Valid Points Law Offices emanated from a deep-seated desire to craft a legal institution that was reflective of my beliefs and principles. Over the years, I had identified gaps in the legal service delivery model, areas that could benefit from innovation, and sectors that were underserved. The Valid Points Law Offices was conceptualized to address these very gaps. Another motivating factor was the rapidly evolving legal landscape. The dawn of the digital age, the globalization of businesses, and the increasing complexity of legal issues demanded a fresh approach, a new kind of law firm that was agile, forward-thinking, and deeply committed to excellence.
Furthermore, my interactions with clients over the years made me realize the importance of a client-centric approach. Clients were not just seeking legal advice; they were in pursuit of holistic solutions, of partnerships that added value to their endeavors. The Valid Points Law Offices was founded with the vision to be not just a law firm, but a trusted partner to our clients, an institution that stood by them through their challenges and triumphs.
In conclusion, the journey from an Associate to the Managing Partner has been both arduous and enlightening. It is a testament to the power of perseverance, continuous learning, and an unwavering commitment to the ideals of the legal profession. Establishing The Valid Points Law Offices in 2023 was a natural progression, a step towards shaping a law firm that was in sync with the needs of the modern world while being deeply rooted in the timeless principles of justice, integrity, and service.
With your extensive background in corporate and commercial law, what inspired you to focus on sectors such as e-commerce, edtech, fintech, and medtech? What unique challenges and opportunities do these sectors present from a legal perspective?
The transition of my focus to sectors like e-commerce, edtech, fintech, and medtech was not merely an arbitrary choice but a conscious decision influenced by a myriad of factors, both personal and professional. The proliferation of the internet and the ubiquitous nature of smartphones and digital devices have fundamentally transformed the way businesses operate and consumers interact. As a legal practitioner with a background in corporate and commercial law, it became imperative for me to remain au courant with these seismic shifts in the market and to understand their implications on the legal domain.
The surge in e-commerce is a direct consequence of the digital revolution. As brick-and-mortar stores gradually gave way to online platforms, new legal challenges emerged. Issues related to consumer protection, data privacy, cross-border transactions, and digital taxation became prominent. What further intrigued me about e-commerce was its inherent interdisciplinary nature. It amalgamated elements of contract law, intellectual property rights, competition law, and more. This confluence presented a rich tapestry of legal challenges and opportunities, making it an irresistible area of focus.
The edtech sector, or educational technology, represents the confluence of education and technology. My interest in this sector was piqued by its potential to democratize education. However, with this potential came a slew of legal challenges. IP issues in content creation, data protection of student information, regulatory compliance for educational institutions operating online, and issues related to accreditation and recognition of online degrees were areas that required legal navigation.
The financial sector’s evolution, spurred by technology, has been nothing short of revolutionary. Digital wallets, cryptocurrency, blockchain technology, and online banking platforms have radically altered the financial landscape. But with these innovations arose a plethora of legal issues. Regulatory compliance, anti-money laundering protocols, digital fraud prevention, and the legal status of cryptocurrencies were areas that demanded in-depth legal scrutiny. The dynamic nature of the fintech sector, coupled with its profound impact on the global economy, made it an area of both challenge and opportunity for a legal professional.
The medtech sector, encompassing innovations in medical technology, stood out due to its direct impact on human lives. With advancements like telemedicine, wearable health devices, and AI-driven diagnostic tools, the medical field witnessed unprecedented growth. But these advancements brought forth legal challenges. Patient data protection, regulatory compliance for medical devices, issues related to medical malpractice in the age of AI, and intellectual property rights in medical innovations became pivotal areas of concern.
From a holistic legal perspective, these sectors presented unique challenges. Given the nascent nature of these sectors, many jurisdictions grappled with regulatory ambiguities. Existing laws often fell short in addressing the unique challenges posed by these sectors, necessitating the formulation of new regulations or the reinterpretation of existing ones. The inherently global nature of digital businesses meant that they often operated across jurisdictions. This brought forth challenges related to jurisdictional disputes, cross-border taxation, and compliance with multiple regulatory frameworks. As businesses transitioned online, the volume of data generated skyrocketed. Protecting this data, ensuring its privacy, and navigating the complex web of data protection regulations became a paramount concern. With innovations driving these sectors, issues related to patents, copyrights, trademarks, and trade secrets gained prominence. Ensuring the protection of intellectual assets while fostering an environment conducive to innovation posed a delicate balance.
On the flip side, these sectors also presented immense opportunities. The dynamic nature of these sectors offered legal professionals an opportunity to craft pioneering solutions, draft innovative contracts, and play a role in shaping emerging legal doctrines. These sectors were not siloed. They offered an opportunity for interdisciplinary engagement, allowing legal professionals to collaborate with technologists, educators, financial experts, and medical professionals. Given the nascent nature of these sectors, there was an opportunity for legal professionals to contribute to policy formulation, ensuring that regulations were both progressive and protective.
In conclusion, my foray into sectors like e-commerce, edtech, fintech, and medtech was a deliberate response to the changing contours of the global business landscape. These sectors, with their unique challenges and opportunities, offered a fertile ground for legal exploration, innovation, and contribution. They provided a platform to not just practice law but to shape it, to contribute to its evolution, and to ensure that it remained a beacon of justice, fairness, and equity in an increasingly digital world.
Over the past two decades, you’ve advised clients on various aspects of Indian business
laws, including entry strategies and due diligence. Could you highlight a particularly
memorable or challenging project that stands out in your career?
My journey over the past two decades, entrenched in the intricate facets of Indian business laws, has been marked by a series of intriguing assignments, each contributing to my professional growth and broadening my perspective. However, if I were to spotlight one project that was especially memorable and challenging, it would be the advisory role I undertook for a major European conglomerate aiming to establish its presence in India’s renewable energy sector.
The early 2010s witnessed an uptick in global interest in renewable energy. India, with its vast geographical diversity and commitment to sustainable growth, emerged as a lucrative destination for investments in solar and wind energy projects. The European conglomerate, having made significant inroads in renewable energy in its home territory, sought to expand its footprint to the Indian subcontinent. Given the potential scale of the investment and the complexity of the Indian regulatory framework, this project was poised to be one of the most challenging undertakings of my career.
India’s renewable energy sector, though promising, was characterized by a rapidly evolving regulatory landscape. Central and state-specific policies, incentive structures, and licensing requirements necessitated a meticulous understanding and navigation strategy. Acquiring land for large-scale renewable energy projects is fraught with complexities in India. Navigating the legal intricacies of land rights, ensuring proper compensation, and addressing local community concerns were paramount. The conglomerate was considering partnerships with local entities. This necessitated exhaustive due diligence to assess the financial health, operational viability, and legal compliance of potential partners. Beyond the black-letter law, there were challenges related to understanding and navigating the Indian business ethos, cultural nuances, and negotiation tactics. India’s taxation laws, especially concerning foreign investments and profit repatriation, required careful strategizing to ensure compliance and fiscal prudence. Protecting the conglomerate’s proprietary technologies in a new jurisdiction involved understanding India’s IP laws and ensuring their robust enforcement.
Given the myriad challenges, a multi-pronged approach was adopted. We constituted a multidisciplinary team comprising experts in energy law, land rights, taxation, and intellectual property. This allowed for holistic strategizing and ensured that all facets of the project were addressed concurrently. Recognizing the importance of local insights, we engaged with local legal experts, community leaders, and industry stakeholders. This provided invaluable on-ground insights and facilitated smoother negotiations. Keeping the client abreast of developments, challenges, and potential solutions was pivotal. Regular briefings ensured that the client was well-informed and could make timely decisions. Given the scale of the investment and the uncertainties in the regulatory landscape, a robust risk mitigation strategy was formulated, covering potential regulatory changes, contract breaches, and unforeseen disputes.
After nearly two years of rigorous legal work, negotiations, and strategizing, the conglomerate successfully established its renewable energy venture in India. The project, today, stands as one of the most significant foreign investments in India’s renewable energy sector.
This project, beyond its professional intricacies, was a lesson in persistence, collaboration, and adaptability. It underscored the importance of understanding not just the letter of the law but its spirit. Engaging with local communities, understanding their concerns, and ensuring that the project was not just legally sound but also socially responsible added a dimension of fulfillment to the endeavor. In summation, this assignment, in its scale, complexity, and impact, stands out as a testament to the multifaceted nature of legal practice. It showcased the interplay between law, business, society, and ethics, and reinforced my belief in the power of legal professionals to shape, facilitate, and guide transformative ventures that have a lasting impact on economies and communities.
Given your experience in advising companies on anti-bribery laws and assisting in the
formulation of internal policies, could you share some insights into the importance of
compliance and ethics in today’s business landscape?
The realm of anti-bribery, compliance, and ethics represents a fundamental pillar in the edifice of modern business practices. In an era marked by globalization, digital transformations, and heightened public scrutiny, the imperatives of adhering to compliance standards and fostering a culture of ethics have never been more pronounced. My experience in advising corporations on these matters has offered a panoramic view of their intricacies, challenges, and undeniable significance.
To comprehend the current emphasis on compliance and ethics, one must glance back at history. The latter half of the 20th century saw a series of corporate scandals, frauds, and instances of bribery that shook the global business community’s very foundations. These events, apart from their immediate economic ramifications, eroded public trust in businesses and underscored the need for robust regulatory frameworks and internal corporate governance mechanisms.
Many jurisdictions worldwide, including the U.S. with its Foreign Corrupt Practices Act (FCPA) and the UK with its Bribery Act, have instituted stringent anti-bribery regulations. Non-compliance with these regulations can lead to severe penalties, both financial and reputational. For businesses operating in multiple jurisdictions, understanding, and adhering to these varied regulations become paramount. In today’s digitally interconnected world, a company’s reputation is one of its most invaluable assets. Instances of bribery or ethical lapses can tarnish this reputation, leading to lost business opportunities, diminished customer trust, and a potential decline in shareholder value. A strong compliance framework is not just about avoiding penalties. It can enhance operational efficiency by streamlining processes, reducing redundancies, and ensuring that all business activities align with regulatory requirements. Comprehensive anti-bribery policies and ethical guidelines serve as a bulwark against unforeseen risks. They provide a roadmap for employees, delineating acceptable behaviors and actions, thus mitigating potential legal and operational hazards.
Assisting companies in crafting their internal policies has revealed certain universal truths. While there are common principles, each company is unique in its operations, culture, and challenges. Internal policies must be tailored to reflect this uniqueness, ensuring they are both effective and implementable. The formulation of policies should not be a top-down approach. Engaging with various stakeholders, including employees, management, and even external partners, can provide valuable insights and foster a sense of collective ownership. Policies, once formulated, are not static documents. Regular training sessions, workshops, and seminars are crucial to ensure that all members of the organization understand, internalize, and adhere to these guidelines. The business landscape, regulatory environment, and societal expectations are in a state of constant flux. As such, internal policies must be periodically reviewed and updated to reflect these changes.
Beyond the black and white of legal compliance lies the gray area of ethics. Ethical considerations, while often intertwined with legal ones, delve into the realm of moral imperatives and corporate social responsibility. Adhering to ethical standards fosters trust among stakeholders, be it customers, shareholders, employees, or the community at large. While unethical practices might offer short-term gains, they are invariably detrimental in the long run. An ethical approach ensures sustainable growth and long-term business viability. Today’s businesses are not mere economic entities. They have a social responsibility, a commitment to the broader community, and the environment. Ethical guidelines often encompass these responsibilities, ensuring businesses contribute positively to society.
In conclusion, the interplay of anti-bribery laws, compliance, and ethics in the contemporary business milieu is profound. It reflects a collective realization that businesses, beyond their profit motives, have a duty to uphold. This duty is towards their stakeholders, the legal frameworks they operate within, and the very fabric of society. My experiences have only reinforced the belief that businesses that embed compliance and ethics into their core DNA are not only better positioned to navigate legal challenges but are also more attuned to their broader purpose and societal role. The importance of this triad – anti-bribery, compliance, and ethics – cannot be overstated, for it is the bedrock upon which sustainable, responsible, and impactful businesses are built.
Your career spans roles in different law firms across multiple cities in India. How have
these diverse experiences shaped your approach to legal practice and leadership as the
Managing Partner of The Valid Points Law Offices?
The trajectory of my career, marked by engagements with diverse law firms across the multifaceted landscape of India, has been both an odyssey of professional growth and a journey of introspection. Each city, with its unique socio-cultural milieu, and each law firm, with its distinct ethos, contributed to the tapestry of experiences that have molded my approach to legal practice and leadership. Let us delve into the intricacies of this journey and understand its profound impact.
Geographical Diversities and Their Influence: India, often referred to as a subcontinent, is a mosaic of cultures, languages, and traditions. Each city has its rhythm, its challenges, and its opportunities. Working in Delhi exposed me to high-stake litigation, intricate corporate transactions, and a clientele that included multinational corporations and high-net-worth individuals. These cities, being the epicenters of commerce and politics, provided insights into the nuances of complex legal matters, ranging from mergers and acquisitions to international arbitrations. My tenure in cities such as Chennai and Bengaluru offered a different flavor. With their burgeoning IT industries and startup ecosystems, the legal challenges here were distinct. Intellectual property rights, tech contracts, venture capital, and startup regulations became focal points. Beyond the professional realm, each city imparted lessons in cultural understanding. Navigating client relationships, understanding local business etiquettes, and even courtroom dynamics varied significantly across regions.
Diverse Law Firm Cultures: Each law firm, much like an individual, possesses a unique character – an amalgamation of its history, its leadership, its successes, and its failures. Engaging with legacy law firms, with their storied histories and established practices, was akin to walking through corridors of tradition. These institutions emphasized rigorous legal research, impeccable drafting, and a mentorship-driven approach to junior lawyers. Boutique firms, often specialized in niche areas, offered a different experience. They fostered a culture of innovation, agility, and deep specialization. Working in such environments honed my skills in specific domains, be it tax law, environmental law, or intellectual property. With the evolution of the legal industry, I also had the opportunity to engage with modern, progressive firms. These firms were characterized by their emphasis on technology, interdisciplinary collaborations, and a global outlook. They championed diversity, inclusivity, and often blurred the traditional hierarchies of legal practice.
Impacts on Legal Practice and Leadership: The cumulative experiences across diverse cities and firms endowed me with a holistic perspective. I learned to appreciate the macro and micro aspects of legal issues, understanding not just the legalities but also the broader socio-economic implications. Exposure to varied clientele, from tech startups to traditional family businesses, reinforced the importance of a client-centric approach. I recognized that legal services, beyond their technicalities, were about solutions, trust, and relationships. The ever-evolving nature of law and the diverse challenges I encountered underscored the importance of continuous learning. It became clear that a successful legal practitioner must be a perpetual student, always curious and always willing to adapt.
As I transitioned into leadership roles, my diverse experiences shaped my leadership philosophy. I championed a mentorship-driven approach, emphasizing collaboration, open dialogue, and a culture of mutual respect. Drawing from the progressive firms I had engaged with, I also became a proponent of technology adoption, diversity, and global collaborations. Working across firms also provided insights into the ethical dimensions of legal practice. Encountering situations of moral ambiguity, witnessing instances of impeccable integrity, and sometimes, unfortunately, lapses in judgment, I realized the indispensable importance of ethical grounding. It became clear that a law firm’s reputation, its most invaluable asset, was built on the bedrock of ethics, integrity, and unwavering commitment to justice.
In summation, my journey across the length and breadth of India’s legal landscape has been profound. As the Managing Partner of The Valid Points Law Offices, these experiences serve as both a compass and a beacon. They guide my decisions, shape my interactions, and influence the very ethos of the firm. Each city, each firm, and each case encountered over the years has been a lesson, a story, and a stepping stone towards crafting a legal practice that is not just about statutes and judgments but about people, principles, and purpose.
You’ve been involved in various dispute resolution processes, including mediation and
arbitration. Can you discuss the advantages of these alternative dispute resolution
methods and when they are most effective for clients?
My engagement with dispute resolution processes over the years has provided me with a vantage point to appreciate the intricate dynamics, advantages, and potential limitations of alternative dispute resolution (ADR) mechanisms, chiefly mediation, and arbitration. The realm of ADR, with its promise of offering avenues beyond traditional litigation, has always intrigued me, both as a practitioner and a proponent of effective legal solutions. I am a trained mediator.
Mediation – The Collaborative Dialogue: Mediation, at its core, is a facilitated negotiation process. It hinges on the principle of collaborative dialogue, with a neutral third-party mediator assisting the disputing parties in reaching a mutually agreeable resolution. What always captivated me about mediation was its inherent flexibility and emphasis on preserving relationships. Given its non-adversarial nature, mediation is particularly effective in disputes where preserving the ongoing relationship between the parties is paramount. This is often witnessed in family disputes, business partnerships, and long-term contractual relationships. Mediation proceedings are confidential, ensuring that the nuances of the dispute, as well as any shared information during the process, remain private. This can be especially crucial for businesses and individuals concerned about reputational risks. Unlike the rigid procedural structures of courts, mediation offers flexibility. The parties can define the process, choose their mediator, and even delineate the boundaries of discussions. Mediation is faster and less expensive than traditional litigation. This becomes a significant advantage in scenarios where parties are keen on a swift resolution without the financial and emotional drain of prolonged court battles. Mediation is particularly effective in situations where the parties have an interest in preserving their relationship or where the dispute involves subjective issues, such as feelings, perceptions, or miscommunications or where is a desire for a swift and confidential resolution.
Arbitration – The Private Adjudication: Arbitration is a process where disputing parties agree to be bound by the decision of an arbitrator (or a panel of arbitrators). It is akin to a private court proceeding, where the arbitrator plays a role analogous to that of a judge. My engagement with arbitration often involved high-stakes commercial disputes, where parties sought a specialized adjudication process.Parties can choose arbitrators with specific expertise relevant to their dispute. This is particularly advantageous in complex technical or commercial disputes where specialized knowledge can aid in a more informed decision-making process. Parties have significant control over the arbitration process. They can decide on the rules, the venue, the language, and even the applicable law. Thanks to international conventions like the New York Convention, arbitral awards are enforceable in over 160 countries. This makes arbitration particularly appealing for cross-border disputes. Like mediation, arbitration proceedings are confidential, protecting the interests of parties concerned about public disclosure. Arbitration is especially effective when the dispute involves technical or specialized knowledge, parties intend to seek a final and binding resolution, the dispute spans multiple jurisdictions and there is a need for an enforceable decision across borders and there is a preference for a structured yet private adjudication process.
Throughout my professional journey, I have always been an advocate of choosing the right tool for the right task. While litigation has its place in the dispute resolution spectrum, the advantages of ADR mechanisms like mediation and arbitration are undeniable. They offer parties an opportunity to craft their narrative, define their process, and seek resolutions that are not just legally sound but also emotionally and commercially satisfying. However, a note of caution I often share with clients is that ADR’s success is contingent on the willingness of parties to engage in good faith, the competence of mediators or arbitrators, and the nature of the dispute itself. There are scenarios where traditional litigation might be more apt, especially when there is a need for judicial precedent or when the power dynamics between parties are significantly skewed.
In conclusion, my experiences with mediation and arbitration have reaffirmed my belief in the power of dialogue, the importance of specialized adjudication, and the potential of alternative avenues in delivering justice. In an ever-evolving legal landscape, ADR stands as a testament to the commitment of the legal fraternity to innovation, efficiency, and the timeless pursuit of equitable resolutions.
With your expertise in data protection and privacy laws, could you elaborate on the key
considerations for businesses operating in the digital age to ensure they are compliant
and protect sensitive information?
In an era emblematically dubbed the “Information Age”, data has emerged as the new currency, driving economies, shaping businesses, and influencing socio-political landscapes. My foray into the domain of data protection and privacy laws was not just a mere professional inclination but a response to the clarion call of the times. The confluence of technological advancements, the proliferation of digital platforms, and the inherent value of data have made data protection and privacy paramount. Let us embark on an elucidation of the vital considerations for businesses in this digital epoch.
The first order of business is to understand and navigate the labyrinthine world of data protection regulations. Numerous jurisdictions have instituted robust data protection frameworks like GDPR (General Data Protection Regulation) in the European Union that has set a benchmark for data protection, influencing similar legislation worldwide and now India’s Digital Data Protection Act, 2023 that reflects data protection and privacy practices tailored to the Indian context.Businesses must ensure they are conversant with the regulations pertinent to their operational regions. This often necessitates a multi-jurisdictional compliance strategy, especially for businesses with a global footprint.
One of the foundational tenets of data protection is the principle of data minimization and purpose limitation. Businesses should collect only the data that is necessary and use it solely for the purpose for which it was collected. This principle serves a dual purpose – it minimizes potential risks associated with data breaches and ensures regulatory compliance. Transparency is the bedrock of trust. Companies must be forthright about their data processing activities. Clear, concise, and comprehensible privacy notices, detailing the nature of data collected, the purposes of processing, and the rights of data subjects, are indispensable. The digital realm, while replete with opportunities, is also fraught with threats. Cyberattacks, data breaches, and unauthorized access are ever-present dangers. Implementing robust cybersecurity measures, ranging from encryption to intrusion detection systems, is non-negotiable. Regular audits, vulnerability assessments, and penetration testing further fortify these defenses.
Modern data protection regulations champion the rights of data subjects. These include the right to access, rectify, erase, and port one’s data. Businesses must institute mechanisms to honor these rights, ensuring timely and effective responses to such requests. In our globalized world, data often traverses borders. Such international data transfers are subject to stringent regulations, especially when moving data from regions with robust data protection laws. Mechanisms like Standard Contractual Clauses, Binding Corporate Rules, or adequacy decisions become pivotal in ensuring compliant data transfers.
In today’s interconnected business ecosystems, data often resides with or is processed by third-party vendors. Due diligence during vendor selection, coupled with stringent data protection clauses in contracts, ensures that the data’s sanctity is maintained throughout the supply chain. Often data breaches are a result of human errors or oversights. Regular training sessions, workshops, and awareness campaigns for employees ensure that they remain the first line of defense against potential data mishaps. Despite the best precautions, breaches can occur. Modern regulations often mandate timely breach notifications to both regulatory authorities and affected data subjects. Having a well-defined breach response and notification protocol is critical. The realms of technology and data protection are in a state of flux. What is deemed compliant today might be obsolete tomorrow. Regular reviews, updates to data protection policies, and staying abreast of regulatory changes ensure that businesses remain compliant.
Throughout my engagements with data protection and privacy, a recurring epiphany has been the realization that data is not just a mere digital entity. It reflects individuals, their identities, their preferences, and their lives. Protecting this data is not just a legal obligation but a moral one. Every byte of data entrusted to a business is a testament to the trust individuals place in that institution. Upholding this trust, ensuring the sanctity of this data, and navigating the intricate web of regulations is not just a professional challenge but a profound responsibility. In summation, as we navigate the digital age, the imperatives of data protection and privacy become not just legal checkboxes but pillars of ethical business conduct. They represent a commitment to individuals, a reverence for their digital footprints, and a pledge to uphold the principles of transparency, integrity, and respect in all data-driven endeavors.
Lastly, as someone with a wealth of experience in the legal field, what advice would you
offer to recent law graduates who are embarking on their own career journeys in law and
looking to make an impact in their respective fields?
Navigating the multifaceted realm of the legal profession, with its myriad challenges and unparalleled rewards, has been akin to a Socratic journey for me, one filled with introspection, discovery, and continuous evolution. As I reflect upon this odyssey and gaze upon the eager faces of recent law graduates embarking on their own quests, a compendium of insights, lessons, and advice crystallizes, seeking to serve as a beacon for these fledgling legal eagles.
Embrace the Journey with Passion:Law, unlike many professions, is not just a vocation; it is a calling. It demands not just intellectual acumen but also a fervent passion. My initial years in the profession taught me that passion serves as the bedrock upon which perseverance, dedication, and excellence are built. So, to every nascent lawyer, I say, find your passion within the vast expanse of the legal field, and let it be the North Star guiding your journey.
Lifelong Learning is the Key:The edifice of law is in perpetual evolution, shaped by socio-economic changes, technological advancements, and the inexorable march of time. The academic rigors of law school, while foundational, are just the beginning. Embrace a mindset of lifelong learning. Attend seminars, engage with legal journals, and never let the flame of curiosity be extinguished.
Cultivate a Holistic Perspective:Law does not operate in a vacuum. It intersects with politics, economics, sociology, technology, and numerous other disciplines. Cultivating a holistic, interdisciplinary perspective enriches legal understanding and fosters innovative solutions. My engagements with complex cases were often illuminated by insights gleaned not just from legal times but from literature, philosophy, and even the arts.
Develop Robust Communication Skills:The power of eloquence, clarity, and persuasion cannot be overstated in our profession. Whether drafting a contract, presenting an argument in court, or negotiating a settlement, effective communication is paramount. Invest time in honing these skills – participate in moot courts, engage in debates, and never underestimate the power of the written word.
Build Relationships and Networks:The legal profession is as much about relationships as it is about laws. Building a robust network, nurturing mentor-mentee relationships, and cultivating camaraderie with peers can open doors, offer fresh perspectives, and provide invaluable support during challenging times.
Uphold Ethics and Integrity:In the grand tapestry of legal practice, the threads of ethics and integrity shine the brightest. They are the very soul of our profession. In every decision, every case, and every interaction, let these principles guide you. The trust of clients, the respect of peers, and the sanctity of our profession hinge on unwavering ethical conduct.
Embrace Technology:In our digital age, technology is revolutionizing legal practice. From AI-driven legal research tools to digital dispute resolution platforms, the confluence of law and technology is undeniable. Embrace these advancements, be tech-savvy, and harness the potential of digital tools to enhance your practice.
Resilience in the Face of Adversity:The path of legal practice is strewn with challenges – difficult cases, professional setbacks, daunting opponents, and moral dilemmas. In these moments of adversity, resilience becomes your greatest ally. Draw strength from past successes, learn from failures, and always remember why you chose this noble profession.
Continuous Self-assessment:Take yourself seriously and train yourself well. Periodically pause and introspect. Assess your growth, realign your goals, and recalibrate your strategies. This self-assessment ensures that you remain on your desired path and allows for course corrections when needed.
Give Back to Society:Law is not just a tool for justice; it is a force for societal betterment. Engage in pro bono work, contribute to legal education, and advocate for the marginalized. In giving back, you enrich not just society but also your own professional and personal journey.
As I offer this mosaic of advice, drawn from the annals of my experiences, I am reminded of my own nascent days in the legal realm, filled with trepidation and excitement. To every young lawyer embarking on this journey, I say cherish every moment, embrace every challenge, and always strive for the confluence of excellence, ethics, and empathy. The legal profession, in its essence, is a commitment to justice, a pledge to society, and a journey of self-discovery. May your legal odyssey be as fulfilling, enlightening, and impactful as you envision, and may you leave an indelible mark on the annals of legal history.
You’ve had a unique upbringing in Dubai, UAE, with a family history deeply rooted in the Gulf region. Can you share how your family’s background influenced your decision to pursue a career in law, especially given your early exposure to your mother’s law office?
I am the fifth generation rooted in the Gulf. My mother, with over two decades of legal practice in Dubai, paved the path in law for our family. My initial aspiration was mechanical engineering, driven by a deep passion for automobiles. However, due to my physics grades falling short, this dream was not achievable.
The idea of me becoming a lawyer was uncertain by my family and friends, as I lacked the skill of argumentation and experienced stage fright on major school events. Despite these doubts, I decided to study law in India.
During my third year of law college, I began interning with an independent advocate, exposing myself to the courtroom dynamics, which gained my interest in the legal profession, particularly in Mumbai. This transition was challenging as I found myself having struggles equivalent to a first-generation lawyer in Mumbai, whereas people till date do look up to me as a second-generation lawyer.
You’ve worked on a wide range of legal matters, from property and municipal laws to consumer and society laws. Could you tell us about a case or project that you found particularly challenging or rewarding during your career so far?
Throughout my career, I’ve encountered various challenging legal cases, each case is unique in its own way. Cases representing a Promoter/Developer in an application under Section 11 of the Maharashtra Ownership of Flats Act (MOFA) before the District Deputy Registrar are challenging at times. These cases often presented intricate legal and factual complexities when opposing them. MOFA mandates a swift resolution within six months of filing, which can be very challenging at times as property laws, society laws and municipal laws have to be kept in mind. Section 11 applications under MOFA are conducted in a summary nature.
I vividly recall a last-minute briefing during the second lockdown, where I was assigned to represent trustees of a Public Trust in a matter listed before the Charity Commissioner the next day. The application sought suspension of trustees, and I requested a one-week adjournment. Despite the papers being voluminous and it not being an urgent matter keeping the pandemic in mind, the Tribunal granted time till the end of the day and kept back the matter, last on board. The bench felt that I shall prepare efficiently on such short notice. This wasn’t those types of matters where adjournments were sought by my clients or their erstwhile advocates.
When the matter was called out again, I strongly opposed and argued against the application for suspension of the trustees. As a result, the request for an interim suspension was denied and the order came in favour of the trustees.
That matter was challenging yet rewarding as today I am regularly briefed by the trustees before the Charity Commissioner and before the Hon’ble Bombay High Court.
Your work history includes being a Partner at Ajure Advocates & Co. and practicing independently. What led you to take on this dual role, and what advantages does it offer in your legal career?
Ajure Advocates & Co. is based in UAE which was founded by my mother. I manage the Firm’s operations in India. I decided to join the law firm to gain global exposure. I am working on attaining global presence.
There are several NRIs in the UAE facing legal concerns and disputes in India and it has been quite convenient for these clients to visit the UAE office and brief the lawyers there, who would further coordinate and brief me with their matters in India. This has proven to be quite efficient and also provided a level of confidence to the NRIs in UAE. This also works vice versa, as there are many clients here in India who have their branch offices of their companies or their properties in the UAE and other parts of the Gulf. They brief me with their legal queries and disputes for UAE and other parts of the Gulf.
Additionally, with regard to my work as an independent practitioner, my colleagues who either have independent practice or firm practice, brief me separately for their matters and I am thereafter able to attend to the same independently.
This dual role encourages connectivity on a global scale. During the pandemic, with the help of networking platforms and technology like Zoom, I got an opportunity to connect with lawyers all across the world.
As a legal professional with a focus on civil law and dispute arbitration, what strategies do you employ when helping your clients navigate complex legal disputes and reach favorable resolutions?
As a legal professional practicing in civil law and dispute arbitration, my primary goal is to always prioritize my clients’ best interests. In order to achieve this, it is necessary to hold conferences with the clients at the early stage of the dispute, to understand the specific outcome they require. Occasionally, during these conferences there is a disparity between the outcome expected by the client and the strategies advised by me. In such instances, it is important that I and my clients are on the same page. Ultimately, being on the same page with your clients is paramount in avoiding adverse orders.
After having conferences with the clients, I also hold brainstorming sessions with my team to determine the strategy, submissions and argument. While pleadings or written statements are being drafted, it is important to have the same drafted under instructions of the clients. I make it a habit to prepare written notes of submissions which includes dates and events in chronology form along with judgements relied. Written notes of submissions are quite helpful.
Additionally, credit also goes to the counsels appointed and my team of juniors who assist me in ensuring that the best outcome for our clients is achieved.
Your work history also includes a role as a junior counsel with various accomplished lawyers. How did these experiences shape your approach to legal practice and your eventual transition to becoming a Partner?
Every lawyer has a different and unique style of practice. Working with them has helped me grow as a professional. When you are a fresher, it is very important for you to find the right mentor and organization which can help you realize your abilities and nurture your potential in the profession. In fact, having the right guidance provides you with the confidence to make mistakes and learn from it in the process.
The seniors I had worked with were helpful. Needless to say, I learnt it the hard way which is best for the long run.
Practicing with an individual advocate not only boosted my legal knowledge but also helped me learn and understand how to operate your own firm. Working with a counsel was challenging when handling high-stakes matters or matters having issues on a law point where errors were not an option due to the close-knit legal community.
After working with such experienced seniors, it is not that I have become perfect in running my own firm or that I am a top notch lawyer today. I still make mistakes and am bound to make them. Today, at this juncture, being at this position, I learn from my own mistakes and make sure they are not repeated.
In your career, you’ve had the opportunity to appear before various legal bodies, from the Bombay High Court to the Debt Recovery Tribunal. Can you share some insights into the key differences and challenges you’ve encountered when practicing in these different forums?
Appearing before the Bombay High Court is different compared to appearing before the DRT, NCLT, District Courts, Family Court or Consumer Forum. A fresher can never start his practice directly before the Bombay High Court. Attaining experience by drafting, appearing and arguing matters before the District Courts and different forums is really needed. For instance, if you appear before the Bombay High Court in a matter pertaining to an Appeal from Order, challenging the impugned order passed by the City Civil Court, would be very difficult to practice it in the appellate side of the Bombay High Court unless and until you aren’t well-versed with the practice of District Courts. Similarly, matters before the original side of the Bombay High Court are of high stakes. Therefore, practicing before the Bombay High Court would not be easy until and unless and until you haven’t gained experience before the District Courts and different forums in conducting few matters.
When I started my practice with an independent advocate, I had the opportunity to appear before the District Consumer Disputes Redressal Commission. Gradually, I appeared before the State Consumer Disputes Redressal Commission. I further assisted my senior in one consumer complaint when he was arguing before the National Consumer Disputes Redressal Commission. Consumer Forums helped me gain confidence in my argumentation skills to appear before other Courts and Tribunals. Thereafter, I started with mentioning matters before the Bombay High Court after one year of appearances in District Courts and different forums which helped in increasing my confidence.
Finally, as someone with experience in personnel development and business administration within a law firm, what advice do you have for young lawyers and recent graduates looking to advance their careers and make a positive impact in their respective firms?
Law as a profession is very vast. Today, there are various law firms that have their specialization in different areas. Young lawyers can explore their opportunities depending upon their areas of interest.
Once associated with a law firm, avenues open to different sorts of exposure altogether. Working with their chamber colleagues ensures team work. This helps firms also as their clients are satisfied in the most effective manner.
My advice to young lawyers would be not to give up hope and just be patient even when things look bleak in their legal practice.
My advice to recent law graduates is to work hard, establish trusting professional relationships, and value ethics. The amount of time they give in this profession is their investment, which will give them great returns.
Law as a profession is growing. In the initial years, keep learning as priority instead of earning. Hard work always pays off.
