Sir, can you tell us a little bit about yourself and how you became interested in law?
I describe myself as a person on the prowl for learning new things. Even when I was pursuing Engineering, I always had an eye out for the latest developments in the law. Subsequently, I completed a course to feed my curiosity in Cyber Law then got my law degree followed by a Master’s degree and, ever since, have not looked back.
What inspired you to focus on trademark, copyright, design and patent law, and what do you find most rewarding about it?
My inspiration is derived from the omnipresent nature of Intellectual Property. From the clothes we wear to the recipes of food we eat, IP forms a part of anything and everything that revolves around us on a daily basis. If that is not inspiration, then what is? The most rewarding factor of IP is the never-ending brain-racking challenges the clients present in continual. To fit their ideas into the right mould in IP and the same reaching to fruition is what being rewarded truly means to me.
Could you describe your experience as a founder of Lawdroit and the types of cases you handle there?
LawDroit is a dynamic law firm. I established it with the motive of “IP under one roof,” and that is what I have aimed for. I started off with India-based clients, the work involves IP prosecution to litigation, and now with the help of my team have slowly expanded into International arenas as well. The experience has been nothing short of a roller-coaster ride, but when you love what you do, the low lows are a teaching point rather than a despondent experience.
How do you advise clients on the registrability of trademarks, and what factors do you consider when conducting trademark clearance searches?
All my work experience has taught me is that the trademark clearance search forms the ground norm of any brand. I usually assess a trademark based on how unique it is for the perceiving public. The questions I ask myself while conducting a search involve the risk of confusion, availability in the Trade Mark Office register, and whether a prior party exists, which can later turn into a red flag.
How do you approach opposition proceedings, and what strategies have you found to be most effective?
The most effective strategy is gauging the interest and capabilities of the other party. Before commencing an opposition proceeding, I make sure to assess how my client’s rights in the conflicting trademark are getting affected and what is the severity of such an infringement. The strategies revolve around honest concurrent use or acquired statutory or common-law rights.
What do you think are the biggest challenges facing intellectual property law in today’s global economy?
The first and foremost challenge I can put my finger on is the lack of knowledge. The unawareness of the aspects or the prospects that surround IP. I have come across various instances where a client wishes to safeguard a particular design but has already released it in the public domain, which makes it outrightly impossible to protect such nuances that can easily be avoided with proper awareness.
You mentioned that you will be appearing for the Barrister and Solicitor exam in Canada later this year. What motivated you to pursue this additional qualification?
I embarked on this journey a while ago, and additional qualifications never hurt. My only motivation, as also stated above that we are now expanding our clientele internationally, and this step was taken to embark on more projects with primary knowledge of the Canadian law of the land.
Finally, what advice would you give to fresh graduates who are interested in pursuing a career in law, particularly in the area of intellectual property?
My advice is two-fold. First, do not be dependent on someone to come and spoon-feed you the procedures and the law. In today’s internet era, when there is a never-ending cluster of knowledge, embrace that and read. Secondly, do not shy away from asking questions during internships and do not decide on a particular field too early. Explore a little and circle back to what floats your boat and will continue to float your boat 30 years down the line as well.
Sir, can you tell us a little about your background and how you first became interested in law?
Coming from a legal background, it was my natural instinct to get attracted to the legal profession and follow in the footsteps paved by my father and grandfather. I still remember my school days when my father used to take me to the court and let me watch the proceedings even though I never understood what transpired there. But it was still a thrilling experience for me to watch live actions in the courtroom which was entirely different from what was shown in movies. From my younger times, I was fascinated by the amazing world of law and had a strong determination to become a lawyer. Though my dream was to become a barrister I ended up being an advocate.
What inspired you to specialize in maritime and shipping law specifically?
During my initial days in the profession as a junior advocate, I had occasions to deal with matters relating to maritime and shipping law, including cargo claims and ship detention. But I never had a sound knowledge of this subject. The legal profession being a knowledge-based industry, I felt that it was necessary for anyone aspiring to specialise in any branch of law to acquire considerable knowledge on the subject. Shipping being an international branch of law it was all the more necessary to be familiar with International conventions which govern the field. India being a maritime nation and government promoting port sector and allied infrastructure development it is just a matter of time that maritime activities will flourish and as a consequence commercial disputes could emerge. That apart, only very few firms in India handle maritime disputes on an exclusive basis. It was in this background that I felt the need to set up a boutique firm handling maritime-related issues.
Can you walk us through some of the most interesting cases you’ve worked on throughout your career?
Shipping-related issues are always interesting considering the element of adventure involved in maritime. During ancient days, the shipping industry was considered suitable for those who are bold and brave and ready to face the perils of the sea. I had occasions to conduct maritime cases on a pan india basis involving huge stakes and also cases relating to piracy, salvage and general average which are not very common in India. One such case which went all the way to Supreme Court was related to the detention and arrest of crew onboard a foreign flag vessel suspecting possession of arms onboard. In fact, the vessel was involved in anti-piracy operations and as part of its engagement to provide security for merchant vessels transiting through high-risk areas, it used to deploy armed guards. On the premise that possession of arms without license is illegal under the Arms Act in India, the entire crew onboard the vessel was arrested most of whom are foreign nationals. The crew were forced to remain in India for a few years until the court set them free of all allegations. I also had occasion to appear before foreign seated arbitral tribunals in disputes relating to Charter party, new constructions, salvage etc. I was also fortunate to be nominated as arbitrator under LMAA terms on a couple of occasions.
You’ve spoken at numerous international events and served as a faculty member at several universities. What motivates you to pursue these opportunities outside of your practice?
I always believe that if sharing your experiences and knowledge even if in a small way could benefit others then that is the best way to reciprocate what the legal industry has given you. That apart, interacting with people from different parts of the world will give us new ideas and also provide with new opportunities, for further advancement of career. It is often said that being a lawyer, you are part of a learning process almost every day and therefore through knowledge sharing sessions you also gain valuable insights into new developments in the field of law.
Can you share any particular challenges or obstacles you faced while building your law firm, UMLC?
Though we were able to develop shipping practise within India in considerably short period of time, it was not an easy task to make the presence of the firm felt in the international arena. However, with constant efforts including attending international conferences and building a global network especially in key jurisdictions the firm was able to get over the initial struggles during the formative stage. When foreign firms are able to publicise their core strengths and achievements through advertisements and websites, we still have restrictions to follow the same in India. Thus atleast in maritime sector it doesn’t provide a level playing field thus putting Indian firms to much disadvantage. Having said that I believe that publicity for a lawyer should be achieved through client satisfaction and maintaining high level of ethical and professional standards in the chosen field.
What do you think sets UMLC apart from other law firms specializing in admiralty law?
Apart from regular cargo claims and ship arrests, our core area of specialisation lies in charter party disputes which eventually lead to maritime arbitrations seated in foreign jurisdictions. Doing LLM in maritime law from Southampton University has indeed helped me in connecting with key people in the industry especially those working in clubs and shipping law firms abroad. This has tremendously helped us in handling legal matters in India as well as in foreign jurisdictions with lot of ease and comfort.
As someone who has been in the legal field for over 25 years, what advice would you offer to recent law graduates who are just starting out?
The only advice I could give to young potential lawyers is that there are no shortcuts to success and the only way to achieve the same is through hard work, dedication and perseverance. One should never compromise on ethics and must follow the best practices in the industry. Take up every opportunity you get as a learning experience and never stop learning.
Sir, please tell us how did you get interested in pursuing law as a career?
I was always passionate about co-curricular activities during my school time. I pursued my primary and secondary education from Delhi Public School, Mathura Road where I got the opportunity to serve as the Head Boy in Junior Wing (2000-2001) as well as Senior Wing (2007-2008). Being an avid debater, I always had a knack for formulating arguments and envisioned myself as a litigating counsel. While my interest in public speaking was one of the aspects that pushed me towards studying law, the role of a lawyer as a social engineer fortified my decision of pursuing law as a career.
Could you tell us more about your experience as a Law Researcher with Justice Hima Kohli at the Delhi High Court? What was it like to prepare briefing notes for the Hon’ble Judge on fresh matters and research on challenging legal propositions?
I started my career in law as a Law Researcher with Justice Hima Kohli at Delhi High Court (now Judge, Supreme Court of India). It was an enriching experience to prepare briefing notes for the Hon’ble Judge on fresh matters. This helped me learn the art of reading a brief and summarizing the fulcrum of the dispute with ready reference to the relevant annexures. The experience also taught me the skills of researching on challenging legal propositions. Clerkship acted as an excellent stepping stone in my career as it offered a brilliant opportunity to observe contentious hearings and heated arguments to learn court craft and articulation.
What motivated you to gain more exposure in high stake matters by joining J SagarAssociates (“JSA”)?
The following two aspects motivated me to join a good law firm – (i) quality of pleadings filed by Tier – I law firms; and (ii) exposure of briefing and assisting variety of senior counsel.
While preparing briefing notes during my clerkship, I realised the importance of pleadings which is the first element of a case that a judge peruses even before considering arguments. I could easily differentiate between the standard of pleadings drafted by reputed law firms involved in high stake matters as compared to other run of the mill matters. Also, I was always intrigued by the arguments presented by good senior counsel who were usually engaged in high stake matters. I realised that working with a law firm would provide me exposure as I would get opportunity to assist a variety of senior counsel who are experts in their respective fields of law.
What did you learn during your time at JSA and how did it help shape your career as alawyer?
My stint atJSA taught me discipline, grit and perseverance. Turning around deliverables with rigorous deadlines prepared me for bringing out the best even under pressure. Associating with international clients further enhanced my personality and helped me transform into a mature professional. Furthermore, the exposure of appearing in different courts across the country helped me gain confidence to establish my independent practice.
What inspired you to establish your independent practice, and what have been some ofthe most rewarding experiences so far?
I have always been passionate about addressing arguments in Court. After a point of time, felt I was becoming too comfortable and complacent with my job at the law firm. I was striving for more opportunities to argue. The freedom to argue your own matters inspired me to establish my practice. One of the most rewarding experience is the satisfaction I see on my clients’ faces after they see me perform in Court. Recently, after achieving a favourable outcome for one of the legal aid beneficiaries, I was invited by him to visit his house and meet his family so that I could meet and inspire his children. Such instances augment my trust in the legal profession and remind me that I am on the right track.
Could you share more about your role as an Assistant Advocate General of the State ofHaryana in the Supreme Court of India?
As an Assistant Advocate General of a state, one is required to represent the concerned State in matters that are marked to the officer. The officer is expected to be well acquainted with both civil and criminal law as the officer can be asked to represent the State in any matter where the concerned State has been impleaded. The officer is required to coordinate with the concerned department of the State Government to seek instructions and assist the Court. My responsibilities as an Assistant Advocate General included arguing matters before the Supreme Court and drafting Special Leave Petitions and counter affidavits.
What are some of the most challenging cases you have handled in your practice, andhow did you approach them?
Each brief has its own challenges. Sometimes, a case may be straightforward but the Bench may be non-receptive. On other occasions, the opposite counsel may create unexpected hurdles in a matter which is otherwise not complicated.
Some of the challenging cases that I have handled include the landmark decision of Maharashtra Seemless Limited v Padmanabhan Venkatesh & Ors., reported as (2020) 11 SCC 467. I also appeared before Supreme Court in a landmark matter titled Aruna Oswal v Pankaj Oswal & Ors., reported as (2020) 8 SCC 79 involving interpretation of law of nomination under Companies Act, 2013 vis-à-vis law of intestate succession.
I have also represented a person with benchmark disability in a service matter before the Delhi High Court and Central Administrative Tribunal. I argued for securing his preferred post on the principles of non-discrimination and reasonable accommodation enshrined in the Rights of Person with Disabilities Act, 2016.
My Approach
Prepare a narrative, storyline of the matter and plug loopholes, if any.
Become the Devil’s Advocate and identify all ostensible arguments of the opposite side.
Present the matter before the Judge with a simple and logical approach. All courts appreciate brevity.
Up to date background research on the Judge who will be hearing the matter and judge’s approach in similar situations.
Understand the pulse of the Court which is very important during a hearing.
Prepare flexible strategies basis mood of the Court. Most of the urgent reliefs sought before a Court are discretionary. The art of articulation and persuasiveness to convince the Judge in passing a favorable order is the most important.
Could you talk about your experience representing various corporate, governmentdepartments, and financial institutions, and how do you balance the interests of thesedifferent clients?
You need to be versatile. Each client has a different way of dealing. Corporates expect you to be responsive so that they are updated with each development in their matter. However, government departments do not encourage too much hand holding. For me, all matters are equally important and I try to distribute my time basis the nature of the brief irrespective of the nature of client. I strictly adhere to professional ethics and do not engage in any manner in a matter where I may be conflicted.
Lastly, what advice would you give to aspiring lawyers looking to build a successfulcareer in litigation and dispute resolution?
While pursuing a career in law, you always remain a student as there is so much to learn. One must continue learning throughout their life and accept new ideas. I urge the budding lawyers to have a clear vision and plan their actions accordingly. There is no substitute to hard work and no shortcut to success.
In my view, the skills and qualities which a lawyer must possess to excel in his career can be derived from the word “Success” itself :-
How did you end up pursuing a career in law, and what inspired you to specialize in corporate and commercial law, M&A, joint ventures, private equity, exchange control and foreign investment?
I completed my schooling from a very small town, Bokaro in Jharkhand. I was a science student until my 12th Board, however, I did not find interest in continuing with science and was hoping to change my stream. I started applying for journalism courses in Delhi and thought that this career path is the most suitable for me. I came to know about National Law Schools through my brother and decided to explore both journalism as well as law. I got selected for both, however decided to opt for law.
I was selected for an internship in 2011 with DH Law (which merged its practices with Link Legal in 2016). During this internship, I worked on a lot of assignments relating to M&A, joint ventures and researched a lot on companies, businesses and regulatory issues. This created a vast interest in continuing in the same field and I was fortunate to receive a job offer from DH Law, Mumbai, post completion of my B.A. LL.B.(Hons.) in 2012. While I was ready to start my career in any given practice area, I found interest in this particular area after I was involved in all the stages of an acquisition deal in 2013. Thereafter, I decided to continue this area of practice.
Can you walk us through your experience working as an Associate at DH Law Associates and Senior Associate at Link Legal, Mumbai? What were some of the challenges you faced, and how did you overcome them?
I started with DH Law as an Associate in 2012. It was a smaller set up with great mentors. I had an opportunity to work on various assignments including deals, international arbitration, litigation as well as advisory. The challenge at the initial stage was to learn by yourself and deliver in time. As a fresh graduate, who had no experience of even an internship in a bigger law firm, the major challenge was to meet the quality of deliverables with market standards. With the guidance of the partners of DH Law coupled with my own passion and hard work, I think I was able to meet the required deliverables. Once a law student is required to work as a qualified lawyer, the main challenge is to understand the right issue involved in any assignment. Framing of the right issue is challenging initially, however, if you learn that art, you will succeed in profession.
DH Law merged its practices with Link Legal in 2016 and I also became a part of Link Legal and worked as a Senior Associate. The main challenge of a Senior Associate is to own the assignment, lead the transaction and simultaneously start training the juniors in the team. Delegation is the key when you take up major responsibilities. There are always late working hours depending upon the work load, however, you need to put that extra effort and concentrate on your value addition on the entire transaction.
As the Deputy General Manager (Legal) at Lodha Group, how did you manage to handle the legal responsibilities for one of India’s largest real estate developers? What were some of the significant projects you worked on, and how did you add value to the company?
The decision to move to Lodha Group came after a lot of thought where I wished to experience the challenges of an in-house counsel. I would say that the legal team in Lodha Group consisted of one of the bests lawyers whose professional approach was top notch. As an in-house counsel there are several challenges with more accountability on whatever you advise and strategies for the company. Lodha Group is one of the largest developers and were in the phase of expansion which required a lot of investments, joint ventures and commercial arrangements with big real estate funds, investors and banks. During my time at Lodha Group, I worked on assignments including setting up of infrastructure park, structured financing deals, debt investment assignments and joint ventures on regular basis. I think my transactional experience working with DH Law and Link Legal helped me to add value in these transactions and achieve the objectives of my team in timely manner.
You have been recognized among the top individual lawyers for corporate and commercial law in the Forbes India Legal Power List 2021. How did you achieve this recognition, and what advice would you give to young lawyers aspiring to follow in your footsteps?
I felt delighted and humbled after being recognized by Forbes India amongst the top lawyers (less than 10 years’ experience). There was no planning to achieve this, frankly, it happened due to the visibility and experience you gain in the market. The client’s feedback is of utmost importance in any feet you achieve. Post this recognition, in 2022, I have also been named as a ‘Future Legal Leader’ by India Business Law Journal and as a ‘next generation partner’ by Legal 500. All these recognitions come only when you are recommended by your clients which means that you have to give your hundred percent on whatever assignments you are working on. A piece of advice to the younger lawyers would be to focus on quality of your deliverables and automatically your visibility and client recommendations will increase.
Can you describe your role as an Associate Partner at Link Legal, Mumbai, and the most exciting projects you have worked on in this capacity?
As an Associate Partner at Link Legal, Mumbai, my role is to work as a leader of assignments within the team, be responsible for client deliverables, business development, managing your resources and work allocation. Some of the exciting transactions that I have worked in this capacity are –
Advised Auctus Advisors and its shareholders on its acquisition by YCP Solidiance International, a subsidiary of YCP Holdings, which is a company listed on the Tokyo Stock Exchange.
Advised JSW Foundation in setting up of the Skill India Impact Bond, a first of its kind and India’s largest impact bond, launched by the National Skill Development Corporation (NSDC). The other funding members of the SIIB includes, British Asian Trust, the Michael & Susan Dell Foundation, the Children’s Investment Fund Foundation, HSBC India and Dubai Cares, with FCDO (UK Government) & USAID as technical partners.
Advised Doncasters Group of Companies in relation to the Indian element of its global acquisition of Uni-Pol Group of Companies.
Advised Howen International Fund SPC, a Cayman Island fund, in its pre-series A investment in Sundaravijayam Automobiles Services Private Limited (known as Ready Assist).
Advised Almas Global Opportunity Fund SPC, a Cayman Islands based fund, in its investment of approximately USD 4 (Four) Million through primary and secondary investment in Jupitice Justice Technologies Private Limited, a justice technology company based in Chandigarh, India.
How do you keep up with the constantly evolving legal landscape, and what resources do you rely on to stay informed about the latest developments in your field?
There are several ways to keep yourself updated. The first and foremost is to read the newspapers every morning. Newspapers capturing the business updates are very crucial and reading articles provides you with the sectoral knowledge and the relevant updates. As a transactional lawyer, you need to religiously start your day by visiting three important websites of the regulators – Ministry of Corporate Affairs, Securities and Exchange Board of India and The Reserve Bank of India. This habit will keep you updated in this constantly evolving legal landscape.
What advice would you give to the young professionals who are at the struggling phase of their respective careers?
It is important for young professional in this field to learn as much as they can and develop their skills as a lawyer. We all lawyers are fortunate that ‘skill’ is paramount and most valuable factor to be successful and survive in the legal industry. This is a knowledge-based industry and if you have the knowledge, you will keep getting the work and keep growing in the legal industry, irrespective of your personal/professional background.
Ma’am, to start this conversation, could you please tell us a little bit about your background and how you became interested in law?
Well, to be honest, I didn’t always know that I wanted to be a lawyer. In fact, when I was younger, I had aspirations of becoming a doctor, just like my late father. However, when I was in my teens, Delhi was witnessing some trials- such as the Priyadarshini Mattoo case, Jessica Lal case- which were being widely reported. The the strategy developed by the lawyers in those cases, coupled with their past experience were the subject of media attention. I was fascinated by how small legal points, which the common man was not even aware of, could be used for or against them when they found themselves in the middle of a legal trial. I used to diligently read up all reports on such trials and gradually, my interest in the world of law grew, and I decided to pursue it as a career.
You have worked on some high-profile cases in the past, such as the Ayodhya dispute and the Triple Talaq matter. Can you talk about what it was like to work on these cases and the impact they had on you personally?
Those were definitely some challenging cases, but also very rewarding ones. Working on such high-profile cases was an incredible learning experience, and it taught me a lot about myself, my abilities, and the legal profession as a whole. Personally, it was a great feeling to be a part of these landmark cases that had such a significant impact on Indian society. These matters involved important constitutional questions and when one is assisting a counsel before the Hon’ble Constitution bench, you have to make sure to deliver your best work, and the judges are always so well prepared and one has to be ready for all kinds of questions. It therefore takes a lot of time to focus and prepare for these hearings. In fact, when I was working on the Ayodhya matter, I had not imagined that the regular hearing will start in the month of July 2019 (as the matter had been adjourned several times before) and I was actually scheduled to get engaged in that month. However, once the hearing dates were fixed by the Hon’ble Court, everything had to take a backseat and I decided to postpone my engagement. I think for any lawyer it is a lifetime opportunity to assist the stalwarts who have appeared in these matters, and while giving your best shot, you also get to learn so much just by being around them.
You have experience in litigation, arbitration, and corporate law. Which of these areas do you enjoy working in the most and why?
Well, I enjoy all of them for different reasons. Litigation is exciting because you get to argue your case in front of a judge and put your legal skills to the test. Arbitration allows for a more collaborative approach to dispute resolution, which I find fascinating. And corporate law is great because you get to work with companies and help them navigate the legal complexities of running a business. So, it really depends on the situation and the client. But if I had to choose, I would say litigation is what I enjoy the most. There’s something incredibly exhilarating about standing before a judge and arguing your case. Plus, every case is unique and presents its own set of challenges, which keeps things interesting.
What do you think are the most important skills for a successful lawyer to have?
There are many skills that are important for a successful lawyer to have, but I would say that the most important one is willingness to put in the hard work- one needs to read every paper, each word- several times, this is absolutely non-negotiable. Other important skills are attention to detail, good communication skills, and the ability to think on your feet are some of the most important. In addition, being able to empathize with your clients and understand their needs is crucial in building trust and creating a successful attorney-client relationship.
Can you talk about a particularly challenging case you worked on and how you overcame the challenges you faced?
One of the most challenging cases I worked on was the Ayodhya matter, wherein so many issues arose for the first time, such as whether idol is a perpetual minor?. When I am faced with complex legal issues, I try to read all literature which is remotely connected to it, be it from India or outside, it usually gives me the answer directly or at other times equips me to navigate the issue.
In my day to day practice, I find the cases concerning medical negligence really challenging as they require a deep understanding of medical terminology and it requires a lot of research to build a strong case. But, I have been fortunate enough to have a team of experienced doctors who have graciously helped me in understanding the medical aspects of such cases. Through their guidance, I have been able to build a strong arguments and perform in this niche area.
How has the legal profession in India changed since you began practicing law, and what do you see as the biggest challenges facing the profession today?
When I first started practicing law, I noticed that there was a lot of resistance to change, especially when it came to adapting to new technologies and working remotely. However, the pandemic has forced everyone to embrace remote work and virtual proceedings, and I believe this has opened up new opportunities for the legal profession to become more accessible and efficient.
The biggest challenge facing the profession today is the lack of diversity and inclusion. We still have a long way to go in terms of increasing representation of marginalized communities and women in leadership roles, especially in the judiciary. When I started out, we used to only see 1-2 women judges in the Supreme Court, however things have definitely improved and I have been fortunate enough to witness so many women judges, including 4 of them at the same time in the Supreme Court. However, I am waiting for the day when this ratio is equal and of course, eagerly waiting for a female Chief Justice of India. I think all of us, as officers of the court need to actively work towards creating more inclusive and diverse environments, not only to improve representation but also to bring in fresh perspectives and ideas.
You have experience working as an independent legal practitioner as well as an associate at a law firm. What are the main differences between these two roles, and which do you prefer?
The main difference between being an independent legal practitioner and working at a law firm is the level of autonomy you have. As an independent practitioner, you have the freedom to choose your own clients and cases, and you have complete control over your schedule and work style. On the other hand, working at a law firm can provide you with more resources, support, sustained income and opportunities to work on high-profile cases.
Personally, I enjoy the flexibility of being an independent practitioner, but I also appreciate the collaborative and supportive environment that law firms can provide. It really depends on your individual work style and goals.
As a woman working in the legal profession, have you faced any difficulties or challenges that your male counterparts have not? If so, can you tell us about those challenges and how you overcame them?
Yes, as a woman in the legal profession, I have faced some unique challenges, such as gender bias, microaggressions, and sometimes being underestimated by my clients and peers. It can be frustrating to feel like you have to work harder to prove yourself, but I’ve learned to channel that frustration into motivation and dedication to my work. In fact, I feel that these people really pushed me to become more thorough with my brief and ultimately contributed to my growth. Over the time, when these clients saw my work, they also reposed faith in my capabilities as a lawyer.
Lastly, what advice would you give to someone who is considering a career in law, particularly someone who is just starting out?
My advice to anyone starting out in the legal profession is to keep an open mind and be willing to learn and adapt. The legal profession is constantly evolving, and it’s important to stay up to date on new developments and technologies. Additionally, don’t be afraid to take on new challenges and try different areas of law to find what you’re passionate about. Further, put in as much work as you can, in this profession, it is very difficult to survive without putting in the work and once you find something that you have a passion for, hard-work will not feel nearly as dreadful. Lastly, always strive to maintain high standards of professionalism, ethics, and integrity in all your work. The legal profession is a noble one, and it’s important to uphold its values and principles.
Sir, can you tell us about your background and what motivated you to pursue a career in Law?
My grandfather Prof. Krishan Datt did his law from Cambridge University, England. He was a barrister at Inner Temple (for more info, https://en.wikipedia.org/wiki/Inner_Temple) but after partition didn’t pursue a career in law and had a career as Professor in Economics in Punjab University, Jalandhar.
My father who was 1956 batch IAS officer, was posted in Churu district of Rajasthan, where I was born. I grew up watching my father deal with revenue cases as District Collector, hence interest for the subject of law naturally came up in me.
After my initial schooling from Mayo college, Ajmer and high school from St. Xavier’s School, Jaipur, I graduated in science and thereafter enrolled myself in Three Year Law Program at University of Rajasthan, Jaipur.
After completing your LLB and LLM, you briefly worked as a journalist before returning to the practice of law. What made you decide to make that switch?
After doing my LLB and before completing my LLM I cleared an examination conducted by the Times of India, New Delhi for the post of ‘Legal English Sub-Editor’. After pursuing this field for a few months, I decided to complete my Masters in Law and join advocacy. Thereafter I started working as an associate at a law firm in Jaipur and practiced law at High Court of Judicature of Rajasthan at Jaipur bench for four years (1991-1995).
Both legal journalism and advocacy require similar skill set, for e.g., command over law, articulation, critical thinking and reasoning, patience and perseverance. I found myself foraying into advocacy and hence came back to Jaipur.
You have worked as a judicial officer in various capacities. Can you tell us about some of the highlights of your career in this field?
People generally think that role of a judicial officer is confined to courtroom. But a judge wears many hats. The role of a judicial officer is quite diverse ranging from adjudication, to policy making and even administrative work. Apart from serving in judicial forums, I have worked at policy formulation level as Secretary (Law), Ministry of Law, Government of Rajasthan. Now as Director, RSLSA, Rajasthan High Court, I am involved in implementing schemes to provide legal aid across the State of Rajasthan. Hence, a career in judicial services is enriching one and now with good pay scales, it is becoming increasingly popular among law students.
I don’t think there are any highlights in the service tenure of a judicial officer because he is bound to deliver justice in whatever capacity he is sitting. There may be sensitive cases in which a specialised agency may have filed a chargesheet or media-focussed cases, whatever may be the case, he has to oversee the trial in an impartial and fair manner.
As the Director of the Rajasthan State Legal Services Authority, you are involved in executing the Legal Aid Program of Rajasthan High Court to provide free legal aid to destitute people throughout the State of Rajasthan. Can you tell us about this program and how it is making a difference in people’s lives?
The Chief Justice of the High Court of Rajasthan is Patron – in – chief as well as executive chairman of RSLSA. The State government in consultation with Hon’ble C.J.H.C. appoint Member Secretary and Director RSLSA for implementing the legal aid programs through funds allocated by the Central Government under NALSA Schemes. Any person having net income of less than 3 lakh per annum is entitled for legal aid in the State of Rajasthan apart from women, members of SC/ST community and children etc. I have personally seen cases in which a woman who is the recipient of legal aid by RSLSA, had got cost imposed on her by order of a court. The moot question is can a Court impose cost on recipient of legal aid and who will pay the cost imposed. This matter is pending at the policy level and soon it is hoped that recipients of legal aid will not have cost imposed upon them by courts.
Under the Lok Adalat schemes, we endeavour to ensure that speedy, legal justice is bestowed to the recipients especially under Bank recovery cases and cases of NI Act. In Rajasthan, in the last national Lok Adalat, the Hon’ble Chief Justice of High Court via e-conference interacted one to one with the local population of various districts and provided valuable input regarding disposal of cases including asking the courts to follow ratio propounded by Hon’ble Supreme court in Pranay Sethi Case and Pappu Devi Case.
You were instrumental in drafting and vetting the Rajasthan Protection from Lynching Bill, 2019, and the Bill on Honour Killing which was later passed by the Rajasthan Assembly. Can you tell us about your role in drafting these bills and how they are helping to tackle these issues in the state?
The drafting and vetting of these bills took place while I was posted as Secretary (Law) and later as Special Secretary in Ministry of Law, Government of Rajasthan. The drafting of the bill was undertaken by me as well as other members of Law Department on receiving the proposals from Home Department. Before any Bill Making process begins, the proposal would come from relevant department and then it goes for scrutiny to the home department. Afterwards it is sent for legal vetting to the Law department and finally financial vetting with the Finance department.
In Rajasthan there have been many untoward incidents of mob lynching such as the Pehlu Khan case and the Rakbar Khan case because of which need was felt to enact a separate legislation for mob lynching for providing not only stricter punishment to offenders but also relief and rehabilitation to victims.
Similarly, there were several cases of illegal diktats reported from Khap Panchayats leading to Honour killings in the State because of which the State Legislature passed “Rajasthan Prohibition of Interference with the Freedom of Matrimonial Alliances in the Name of Honour and Tradition Bill”.
The process of legal vetting of Bill involves examining the Bill on constitutional parameters, encouraging easy to understand drafting and preparing English and Hindi texts. As Secretary (Law & Parliamentary Affairs), I also used to attend Vidhan Sabha sessions whenever a Bill of critical importance was tabled.
You have also served as a member of the Board of Revenue for Rajasthan, where you heard land revenue cases and appeals against the orders of various authorities. Can you tell us about your experience in this role?
As Member, Board of Revenue for Rajasthan, I heard land revenue cases in single and division bench and heard appeals against the orders of Sub Divisional officer, District Collectors, Revenue Appellate authority and Divisional commissioners.
One interesting incident in the Revenue Board was that reference cases were filed by the government against persons who were allotted land prohibited under the Rajasthan Tenancy Act. Instead of acting directly against the Khaatedar, I ordered action to be taken against the revenue officials responsible for allotting such land. I also ordered inquiry and trial against persons poaching in Sariska Wildlife reserve resulting in protection of wildlife in Sariska Forest in Alwar district of Rajasthan.
On the administrative side, I was the inspecting officer for all the Tahsildar Courts and SDO Courts of the various district of Rajasthan. In the revenue board, our endeavour was digitalisation and computerisation of Land Revenue records thereby resulting in easy accessibility of such records to the general public.
Lastly, what advice would you give to young lawyers who are just starting their careers?
The avenues which have opened up in the field of Law today are immense. Today a fresh law graduate has many options. He can join judicial service or start litigation or join law firm depending on the area of his/her interest, or join PSU’s as manager (legal), become a prosecutor, join in-house or even go for vacation schemes in Magic Circles Law Firms. Whatever stream they venture into, they must have patience and perseverance. In the rural areas, the concept of toutism in the legal profession is gradually getting over as better and quality legal education is percolating down at the Taluka Level with the general public having more awareness regarding their rights. Create short term and long-term goals for yourself and keep. Don’t try to rush into things. Julius Stone talks about lawyer’s extraversion which means a good lawyer should not only know law but also other subjects like humanities, science, technology, anthropology, psychology etc., hence keep on reading things apart from law as well.
Ma’am, could you please share with us how you began your career in law, and what motivated you to pursue this profession?
I completed my B.A.LL.B. degree from National Law Institute University, Bhopal in 2013 and enrolled as an advocate in the same year. Propelled by my keen interest in International Criminal Law, I pursued my LL.M in International Crime and Justice from United Nations Interregional Crime and Justice Research Institute and Università degli Studi di Torino, Italy in the year 2014.
Immediately after returning to India, I cleared the All India Civil Services Examination in 2015. My position thereafter provided me with great exposure. I took the charge of Assistant Director, Office of Regional Director (North Zone), Ministry of Corporate Affairs, New Delhi for two fulfilling years. Since December 2018, I have been pursuing my career in law as a Legal Practitioner and as the co-founder of Pethia and Shergill Law Offices which is now being rebranded as Swarnim Partners and Associates.
My passion for social justice and litigation were the main factors that motivated me to pursue law as a career. As I was pursuing my B.A.LL.B., I witnessed workplace inequalities, social inequality, and injustice. It ignited a strong desire in me to make a difference in people’s lives by being there for them to fight for their rights. I also had a keen interest in the Indian legal system and its workings, which further fuelled my decision to pursue a career in law.
As an advocate on record at the Supreme Court of India, and a registered advocate with the Bar Council of Madhya Pradesh, could you tell us what it takes to become a successful advocate in India’s legal system?
I’m a panel lawyer for the State of Madhya Pradesh before the Supreme Court of India since 2020 and qualified for the Advocate-on-record exam in the year July 2022. To become a successful advocate in India’s legal system, I feel that, one must have a strong foundation in legal knowledge. It is important to continually learn and evolve in this profession. If you are first generation lawyer, then you also need a lot of patience because it takes time to start getting your own clients. Till that time, one must try to gain as much practical knowledge of law as possible.
From my personal experience, I have observed that the kind of exposure my LL.M. degree gave me is immeasurable. After that, I cleared the AOR exam, and preparing for it again was an evolutionary process. Every exam’s preparation will always give you something in return.
Moreover, excellent communication and analytical skills are also two significant requirements for a successful litigation career. It is also essential to stay up-to-date with the latest developments in the field of law. In addition to that, I believe that one of the most important traits of a successful lawyer is to build a good rapport with clients and to empathetically understand their needs and objectives. Additionally, networking within your profession also plays an important role in building a successful career.
You ranked 593 in the UPSC Civil Services Exam in 2015 on your first attempt. How did you prepare for this exam, and how has your experience in the Indian Corporate Law Service informed your current work as an advocate?
My preparation for the UPSC Civil Services Exam involved a lot of hard work, strategic planning, and dedication. I studied by dividing hours each day systematically and focused on improving my knowledge in new areas. I also took several mock tests to help me better understand the format of the exam and to build my confidence.
Taking the charge of Assistant Director, Office of Regional Director (North Zone), Ministry of Corporate Affairs, New Delhi has played an invaluable role in my independent litigation practice and also in co-founding my firm. It not only invoked my interest in corporate law but also enhanced my knowledge and understanding of the same. The profound experience helped me to advise my clients better on matters related to corporate law and IBC. Additional capabilities cultivated during my tenure as a civil servant such as strong analytical and problem-solving skills have also proven to be useful in my litigation practice.
You have extensive experience in commercial litigation, including representing private and government. Could you speak to the challenges of working in this area of law and how you approach them?
There are various challenges in commercial litigation. If I have to name a few, then the complexity of cases and voluminous documentation involved. To overcome voluminous documentation, I have adopted a meticulous and organized approach to document management. The shift towards electronic gadgets has also been a saviour in this regard. The complexity of the case is not a challenge per se, but it requires a deep understanding and interest in the subject to bring out fruitful results for your clients.
Additionally, maintaining transparency with clients by regularly updating them on the progress of the case, and providing them a realistic assessment of the case’s potential outcome also helps in dealing with the complexities issue. Ultimately, it takes a mixture of interest, skill, experience, and diligent work to succeed in commercial litigation.
In addition to your work in law, you have also served as a member of several internal complaints committees established under the Sexual Harassment at Workplace Act. What inspired you to take on this role, and what lessons have you learned from it?
As someone who strongly believes in ensuring safe and equitable workplaces for all women, I was inspired to take on the role of serving as the Independent External Member on the Internal Complaints Committees of the Lok Sabha Secretariat, Parliament of India, Swarovski India Private Limited, Cvent India Private Limited. Through my work on these committees, I have learned that creating a safe and supportive environment for women to report incidents of sexual harassment is crucial in preventing and addressing these issues in the workplace. With my keen interest in workplace equality, I have also founded an organization namely Equalplus. The sole purpose of this organization is to ensure workplace equality.
It is of paramount importance to approach every complaint of sexual harassment with the utmost sensitivity, empathy, and dedication to deal with a complaint with impartiality and fairness. At the same time, it is also about protecting the rights of the respondent as well. This role has strengthened my belief in the requirement for constant efforts to raise awareness and educate the public at large about the seminal importance of preventing sexual harassment at workplace.
You hold an LL.M. in International Criminal Law, which you earned from the United Nations Inter-Regional Crime and Justice Institute and Universitá Degli di Torino, Italy. How has this advanced degree influenced your legal practice, and what are some of the key takeaways you gained from your studies?
Having pursued my LL.M. in International Crime and Justice, I have been able to enhance my knowledge of criminal law beyond the domestic Indian legal system. It helped me understand the relevance of comparative studies and understanding the other prevalent criminal justice systems around the world. The degree has also given me a much deeper knowledge of international criminal law.
Having a broader understanding of other nations’ judicial systems has also made me better understand the domestic Indian justice system, and has helped me represent my clients with a strategic approach domestically.
Overall, my LL.M. from United Nations Interregional Crime and Justice Research Institute and Università degli Studi di Torino, Italy has helped me to become a more well-rounded and informed advocate and has given me the tools to approach legal issues from a more nuanced perspective. As I have mentioned earlier, the legal profession is ever evolving and the only way to survive in this profession is to learn and expand your knowledge.
You have published several articles on legal topics, including “To Bail or Not to Bail?” and “In the Light of Growing Prison Population Should We Look for Alternatives to Imprisonment?” What inspired you to begin writing about the law, and what message do you hope to convey through your work?
The legal profession is not just about practicing law, it is more than that. It is an ever-growing process to learn. It is very important to share your thoughts and views with the public at large and then have a critical analysis of your thoughts from others. This is one of the best ways to grow and learn.
My articles reflect my insights on the issues related to reluctance in granting bail, overburdening the already overburdened jails by non-strategical imprisonment, and my thoughts on alternatives to imprisonment.
The reluctance of granting bail to the accused is an issue that has recently been pointed out by the Hon’ble CJI D.Y. Chandrachud as well. As a progressive nation with an independent judiciary that believes in the idea of transformative constitutionalism, there is a need to have an effective change in the criminal justice system to make provisions regarding the alternatives to imprisonment. Through my writing, I hope to encourage meaningful conversations about these important topics and promote reforms that can lead to a more just criminal justice system.
As a member of various complaints committees, you have likely seen how the law impacts people’s everyday lives in profound ways. What do you believe are some of the most pressing legal issues facing India today, and how do you think they can best be addressed?
Working in several complaints committees has given me the exposure to see first-hand how the law leaves an impression on people’s lives in remarkable ways. I believe the most pressing legal issues which India is facing today are, the lack of equal access to justice for all, the lacunas in our justice system, being less vocal and active in addressing gender-based violence and discrimination, and the inability to protect and defend the rights of marginalized communities.
The best way to address these challenges is to promote legal literacy and awareness. This can be done with the help of various law schools in India, and by enhancing the efficiency of our justice system by being more alert on the issues related to corruption. It is important to work towards creating an environment that is more inclusive to protect the rights of everybody. Additionally, efforts must be made to address the root causes of social and economic inequality, which can exacerbate legal problems for marginalized communities.
Lastly, what advice would you like to give to all the law graduates who are at the beginning of their careers?
As a legal professional with several years of experience, I would advise young law graduates to continually strive to expand their knowledge base. Since the field is constantly evolving, it is imperative to stay up to date with the latest developments.
Another significant piece of advice for young lawyers is to be patient in their quest to have an independent legal career. By expecting success overnight in this challenging field, they set themselves up for disappointment. However, through persistent efforts and dedication, they can achieve their goals and make a lasting positive impact on society.
Did you always choose to be an advocate or there were other plans as well?
I actually wanted to convert my love for painting and creativity into a career and I wanted to be a fashion designer. However, law also always seemed very exciting and I ultimately decided to choose this path. Today I can safely say that I made a good decision. There is immense pleasure in serving the society in a way I am able to do now. Everyday there is a sense of calm and peace and that belief that I made a difference.
How challenging has it been maintaining a work-life balance and how young legal professionals can learn to strike that balance in their professional lives?
Today’s working environment has a lot of pressures attached to it with several deadlines and deliverables and deliverables are required as of ‘yesterday’. Running a firm has required me to be on my toes for different reasons everyday. It has been overwhelming on many days too! One thing that really works for me is to try and visualise my week as much as possible and plan it in advance. When I started I felt like planning itself takes 2-3 hours of my time and I couldn’t plan days to the T as there would always be surprises but taking some time to plan my days has really helped me in the long run. It just provides a method to the madness. Further, I have a team of 20 currently. Planning helps me plan their work as well which in turn means they are prepared. In fact, I have often recommended planning in advance to my associates as well and I can see that when they do that too, there is less anxiety, quick delivery and better work life balance. Some days, as I mentioned, can be exceptional depending on sudden work demands. In such situations, its important to prioritise the most important deliverables and be aware that certain other deliverables may suffer and be prepared to let somethings go.
With having such a great experience on POSH and training in the same, according to you what creates an obstacle for a great work environment in any organisation?
After having conducted 250+ trainings and 200+ inquiries on this subject, I can safely say that it’s a culmination of a lot of things. There can be several factors that create obstacles for a great work environment in any organization and it can also include aspects such as micromanagement, unhealthy competition, lack of recognition and appreciation etc. However, in the context of the work I do, I think some of the below play a key role:
Lack of respect: Sometimes, based on the complaints I get, it appears as though there is complete disregard for respect for the other person. There is nothing wrong in asking a person out. However, in spite of repetitively and clearly stating that one may not be interested, there still appears to be lack of respect for that decision and constant follow ups. This leads to mental breakdowns sometimes and complaints.
Miscommunications – intent vs. impact: Sometimes, what a person says is very different from what a person understands. While one may say something to help the other, the other feels as though their private space is being invaded in, for example. This also acts as an obstacle for a great workplace. Further, when there is a lack of open and honest communication between management and employees or among team members, it can create confusion, misunderstandings, and a lack of trust.
Inadequate leadership and vision: if leaders do not walk the talk and themselves engage in inappropriate behaviour, there is very little for others to learn. Abusive language is often considered as cool in modern workplaces and the impact is that right from leaders to new joinee – everyone ends up speaking the same language. New joinees often feel ‘that’s the way it is’ and they must become a part of the culture to really be a part of the culture. Often leaders also misuse their position and engage in harassing behaviour knowing that very few people to no one may have the courage to report – thereby percolating the behaviour throughout the fabric of the organization.
Unfair or unequal treatment: Discrimination, bias, or favoritism also ads to toxic work environment that erodes trust and morale. While there are more and more regulations coming in, it is important to inculcate the practice of equal treatment to all.
What was that one case in your life wrt POSH and Child Safety at work that completely shocked you? If you could share some brief facts about it?
Given that instances such as these have to be dealt with confidentially, I am not at liberty to discuss facts of any of the complaints I have handled. However, I can certainly say that most of the complaints feel shocking still even after having handled hundreds of them. This is not an area of work where you ever receive a pleasant concern. Anyone looking to work in this space, must consider the fact that such complaints may (most of the times) feel deeply inappropriate, triggering and may even lead to emotional or mental breakdown in extreme cases. Most of the times complaints that involve sexual assault or rape are the most disturbing. One example that I can think of right now is a case in which a child was raped by the father and the mother was aware of it. She did not say anything as she did not want the name of the family to get ruined.
Congratulations Shivangi on your publications on several topics! But as digital media creates mis-information as well sometimes, how beneficial are the newly built websites and journals for updating yourself wrt regulatory changes?
I think this is a very important and a relevant question today. I think we have a mix of ways in which information is being put out– some are very professional and sensitive (and that may give you the right information). Some on the other hand may use CHAT GPT for example to create content which you absolutely cannot depend on! also, this culture has someone got stuck to students in a way that often interns quote website links (which could be news paper articles) as legal reference to a legal opinion. They also write down opinions on laws based on quotes mentioned in articles without reading the actual clauses. That gets me worried sometimes as most of the information is misinterpreted. Its important for law professors as well as professionals to guide students and teach legal research. My website www.poshatwork.com also provides regular updates on the law, however, we always always always analyse the original copy of the judgment or the law to put out any summary as well. Anyone who decides to publish must take responsibility because the moment you put out an information, there are people who may depend on it.
What are the problems according to you that are still encountered by the LGBTQ youth in India?
Its almost impossible to list down the challenges here given there are so many. The few top ones based on my research, observation and discussions with those impacted appear to be:
Lack of awareness (while a lot has changed, people still tend to use insulting language, they grapple with stereotypical understanding of the community, people misgender, deadname others due to lack of understanding around gender affirmation, people also assume a lot about bisexuality for example which may be completely incorrect)
Discrimination (with lack of awareness comes discrimination. As a result most people from the community are still closeted)
Lack of inclusion (with being closeted comes an apparent lack of inclusion. Even if one is getting an opportunity or doing well for themselves, the society will never know, they will never learn. As a result while things are changing slowly however most people from the community don’t get equal opportunity– be it in education or employment or any other aspect of life. Its like a vicious circle).
Absence of equitable measures (there have been generations of wrong committed. Our society needs equitable measures to correct those wrongs. While some states have launched some measures which have been effective, a lot more needs to be done)
Lack of facilities (infrastructure and facility needs to develop for inclusion. We do not have unisex public bathroom. Public buses are a challenge for trans folx. These need to go through a change and everyone needs to play their part).
As a legal professional with such great achievements, what motivates you to push harder than yesterday? And what is the role of mentoring specifically in the legal industry?
As mentioned earlier, making a change everyday pushes me harder. It’s a fantastic feeling to have helped resolved a concern. As a firm, we have conducted 1500+ inquiries, 2500+ trainings and created awareness amongst 3L+ individuals directly excluding all our social media efforts. I believe that’s a good step towards building respectful workplaces but a lot more needs to be done.
Also as mentioned earlier, today its extremely important for law professors and professionals to nudge students in the right research direction. I may sound outdated, but based on my experience with most students so far, in the world of AI and everything else, somewhere the quality of legal opinions is losing the battle!
Finally, a word of advice for the upcoming legal professionals?
Society and law are intertwined. If you have chosen this field, don’t shy away from reading about new developments. A lawyer must always remain humble and a student for life.
Hi Gaurav! Before getting into the big details, can you tell us why you chose law as a career? Has it been a lingering childhood ambition?
Since childhood I had a natural inclination towards law as both my parents are in the legal profession. I have always been motivated seeing their commitment towards law and administration of justice. Practice of law is such that in one matter a lawyer would be assisting clients in complex civil or transactional matters and in another matter a lawyer would be instrumental in protecting the lives and liberties of individuals. I am of the belief that as lawyers we can make a positive impact in our society at large and this motivated me to pursue a career in law.
Can you throw light on your practice pertaining to Commercial and Residential Real Estate transactions and Corporate-Commercial Practice?
Our Real Estate practice revolves around acting on behalf of clients in acquisitions of land, developmental projects, commercial properties, multi-unit and single-family dwelling units. We also represent clients in institutional and private financing transactions.
As a part of our Corporate-Commercial practice, we assist our corporate clients in the acquisition and disposition of shares/ assets, franchise agreements and business purchases. We also advise health care providers on matters ranging from acquisition of existing medial practices, incorporations, partnership agreements and regulatory and licensing matters.
As we grow, we are also expanding our practice areas to include Immigration Law specific matters as well.
Many budding law graduates intend to pursue LLM abroad. Can you describe your journey from Army Institute of Law (Affiliated to Punjabi University) to Osgoode Hall Law School, Toronto. What motivated you to pursue your LLM in Canada?
During my time at law school, more and more law graduates began to pursue higher education abroad. With most of my internships and past experiences centered around litigation and adversarial system of law in India, the premise of gaining experience on how law is practiced in foreign jurisdictions seemed exciting to me. When I did my research, I was intrigued to learn how pursuing Masters at reputed universities would enable candidates to learn how law is practiced and applied in foreign jurisdictions.
With that in mind, I applied to two Canadian Universities. I received an offer from Osgoode Hall Law School (York University, Toronto), which is the second oldest law school in Canada and because of the stimulating academic environment and diverse course offerings of the graduate program, Osgoode had always been my first preference.
How did your education and internship experiences in India play a role in shaping your career as a lawyer now in Canada?
During law school, I interned at the Punjab & Haryana High Court and District Courts to learn how litigation practices are managed. I also interned at a tier-1 law firm in Delhi in their General Corporate practice to get an insight on how legal support services are provided to corporate clients. I believe experience in both litigation and corporate setup is essential to ascertain one’s true calling in law.
These days most of the premier law institutions abroad prefer candidates with prior work experience for admissions to graduate program. When I applied, it was not the norm but candidates with prior experience were preferred. My family and faculty at Army Institute of Law encouraged me to take a leap of faith and apply. In my statement of purpose to the foreign universities, I explained how my internship experiences enhanced my understanding and application of law in theory and in practice.
Can you give our readers a glimpse of your experiences as an Articling Law Student at Mississauga?
In Ontario, the Law Society mandates that prior to being admitted as a Barrister & Solicitor, licensing candidates need to work under the supervision of a lawyer for around 10 months (articling) or complete a law practice program. I articled at a boutique law firm in Mississauga focusing on Real Estate, Corporate and Immigration Law. During my time at the firm, I gained hands-on experience on how to manage files and develop a resolution-oriented approach.
What do you think are best areas of practice for Indian law graduates seeking to establish themselves as lawyers and solicitors abroad?
In most western countries, lawyers usually practice as specialists of one or two areas of law. General law practices are prevalent but not very common. I am of firm belief that one must choose an area of practice based on what they are passionate about. I believe Corporate Commercial, Real Estate, Criminal and Estate law practices would continue to be rewarding in the future.
Can you describe how your normal work day would be like at Dhillon & Bhatti Lawyers Professional Corporation?
Our firm is open on weekdays from 9 AM to 5:30 PM. We are a team of two lawyers with support staff. We usually start our day by attending to tasks that require immediate attention. Client meetings, appearances and important deadlines are marked in our digital calendar. I make it a point to go through my schedule for the next day one day in advance so that I am able to manage work seamlessly the next day. Depending on workload, sometimes we need to work on weekends and afterhours on weekdays. Most of our work has crucial deadlines and time is of the essence in corporate and real estate transactions. We usually host team lunches on Friday evenings to end the work week on a lighter note.
What are the qualities and talents you would look out for in an intern or fresher you would recruit for Dhillon & Bhatti Lawyers Professional Corporation?
I believe strong analytical skills and resolution-oriented approach is essential. Our clients are either billed hourly or a flat fee retainer is settled. In either case, time management skills are of value as lawyers usually work on multiple matters in a day.
Can you share your advice and words of wisdom to young budding lawyers aiming to set up their legal careers across borders?
Persistence is key and there’s no substitute to hard work. In our line of work, for continuing professional development, devoting time every week towards reading and keeping abreast with new developments in law is absolutely necessary. When it comes to practice of law, a healthy balance must be maintained when it comes to being empathetic and motivated towards the clients cause and a lawyers duty towards the courts in administration of justice.
To give this conversation a start, can you tell us about your background and how you became a multi-disciplinary dispute resolution practitioner and an experienced litigator?
After my bachelor’s degree from Lady Shri Ram College, I pursued Law from Faculty of Law University of Delhi and master’s from New York University School of Law. I started my career with the Chamber of Ms. Geeta Luthra, Senior Advocate, and had the good fortune of working with the office of Mr. Lalit Bhasin, Amarchand Mangaldas Suresh A. Shroff & Co., SAM Co., and Bharucha & Partners. Presently, I am a dispute resolution practitioner and Partner at Luthra & Luthra Law Offices.
About a decade & more ago, dispute resolution practice was more of a generalist stream where clients approached civil lawyers for any commercial dispute that needed resolution. As a corollary, being multi-disciplinary was the norm and less of a calculated choice. Specialized practice areas/verticals and boutique firms are a relatively recent phenomenon.
As for your question of being an ‘experienced litigator’, a lawyer practicing dispute resolution, ought to be a litigator who can ably put forth the client’s case before Court and safeguard client’s best interests.
What are some of the industries you have worked with, and how have you helped them navigate through regulatory and compliance matters?
My industry experience includes infrastructure, construction, manufacturing, oil & natural gas, the rolling stock industry, engineering equipment, and hydropower projects, amongst others. I, along with my team assist clients to steer a mandate from start to finish. This involves advising and representing clients on all ancillary aspects including advisory, regulatory approvals, and on-going compliance matters. We adopt an integrated approach, working with multiple practice experts to identify the optimal strategy and structure for a client.
You specialize in shareholder disputes and contractual claims. Could you please tell us more about the challenges of working on these types of cases, and how you overcome them?
One of the challenges in handling shareholders or contractual disputes is to mitigate the risk of negative impact on performance, operation, and the business of the company. Occasionally, these disputes can also cause reputational loss, consequently, impacting its profitability and growth.
I routinely advise clients to ensure that agreements are well drafted to narrow the scope for future disputes. Expressly written, unambiguous contractual clauses are essential to ensure that shareholder and contractual disputes are timely managed and effectively resolved, with minimal adverse effect on the business. The aim is to device strategies to prevent potential disputes while balancing shareholder interests.
Another aspect to consider especially in shareholder disputes is to set out the mechanism for treatment of individual shares in case of a deadlock. This enables shareholders to offer to buy shares of another shareholder at a determined rate or sell shares to the other shareholders, thereby ensuring that conflicting shareholders exit the company without causing undue harm either to the shareholders’ or the company’s interest.
You have represented clients in various courts and tribunals, including quasi-judicial authorities and commissions. Can you share with us a particularly challenging case you worked on, and how you managed to achieve a favorable outcome?
One of my most challenging cases has been the one that was easiest on facts and merits. While there were excellent supporting documents and what seemed like a straightforward case in our favour, took years and several rounds of litigation to conclude. This was primarily because we were opposing a party in person. Such cases become challenging as they are largely driven by emotions and less by logic, facts, and law. Be that as it may, ultimately court orders and outcomes of cases are premised on evidence and correct application of the extant law and that held us in good stead.
What are some of the emerging trends in dispute resolution and arbitration that you think will shape the industry in the coming years?
Use of technology and increased digitisation have permeated most aspects of life and dispute resolution is no exception to it. There are some developing trends even in dispute resolution, with one such trend being, electronic discovery of documents and records. With many businesses being conducted digitally, the process of collecting and reviewing digital data in litigation and arbitration has increased manifold. Our courts are also increasingly relying on technology such as video conferencing, e-filing systems, live streaming of cases etc., to improve efficiency and ensure greater accessibility to the legal system.
More particularly, in consumer transactions and services, we have witnessed an increase in class actions. Groups of people with similar claims are increasingly joining hands to consolidate their bargaining power to initiate legal action against bigwigs.
I have also noticed a shift in the volume of work that was previously outsourced to law firms, as opposed to how much is now being accomplished in-house. While there may have been a reduction in the quantum of work being outsourced, dispute resolution practitioners are now also being approached for their expertise in evolving strategies for pre-litigation risk mitigation & related advisory.
Can you tell us about an experience that had an impact on your career as a lawyer?
Every case has taught me something new, but this question particularly reminds of an incident in my initial days as a litigator. I was assisting my senior on a matter and during the hearing, I found myself miserably underprepared. After the hearing, I received a well-deserved dressing down from my senior. That episode was my first and last, at being unprepared for a matter. I have since then, been extra cautious at being prepared for a day in Court. I learnt that as a litigator, preparation is the key. While one may develop court craft and gain confidence over the years, one needs to know one’s files thoroughly, from day one.
Could you please tell us about your future plans, and how do you see your practice evolving in the future?
The plan is to keep working now, and in the future; try to tap into opportunities of good civil commercial work and strive to get better at it. That is career progression as I see it.
Lastly, what would you like to say to all the legal professionals out there who are struggling in their initial years?
Struggle is a constant phenomenon and there is no escaping it. Only the nature and magnitude of struggle change with each career milestone. That said, my two pence worth of advice to young professionals is to keep working hard with utmost integrity, and in these times of instant gratification, give oneself time to progress, because progress takes time. There is no instant switch to success, which term itself, is relative.
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