Super Lawyer

Category: Uncategorized

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in touch with Sujoy Mukherji —

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in touch with Vibhor Gupta-

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in touch with Pramita Sen-

  • As lawyers we ensure that as the business of our clients grow and as they diversify into different sectors or launch new products, their respective policies, compliances, and agreements in place are revisited and updated as required  to counter the different legal hurdles that they may be  subject to- Raghav Muthanna, Principal Associate at IndusLaw

    As lawyers we ensure that as the business of our clients grow and as they diversify into different sectors or launch new products, their respective policies, compliances, and agreements in place are revisited and updated as required  to counter the different legal hurdles that they may be  subject to- Raghav Muthanna, Principal Associate at IndusLaw

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

     

    Can you tell us about your journey into the field of law and what inspired you to specialize in technology, media, and telecommunications (TMT) and financial services regulation?

    There is this common saying that if one can’t do engineering or medicine in India, they end up doing law. While that may not necessarily be true for most people in our industry, to a large extent that does hold true in my case.  I am not going to say that I always dreamt about becoming a lawyer or that I was extremely passionate about the law, because that would be a lie. I was an average student at school, especially when it came to subjects like physics and maths, and so by the time I finished my Class 10th boards, I knew I had to end my misery and opt for commerce over science in Class 11. By opting for commerce, I had automatically ruled out engineering and medicine as career options, both of which till date, but even more so at the time, were considered the most sought after and ever green career prospects one could have. Thus, it was only in Class 12, after little deliberation, did I know that law is it for me, and that’s not because there was a lack of choice in the field of commerce, but it was what interested me the most out of the options I had in hand.

    My encounter with TMT was almost similar to that with law, it didn’t happen voluntarily, but like law, I am extremely happy that it did. I started my legal career as a general corporate lawyer who did anything from drafting and reviewing general commercial contracts to advising on complex regulatory queries, assisting with fund raise, mergers and acquisition and working on technology and employment law related work mandates as well. I spent a considerable time of my career especially my early to mid-years in the profession exclusively working on some very exciting and interesting PE/VC and M&A deals in different industry sectors. While I thoroughly enjoyed working on high value transactional work, after a certain point, for various reasons, I felt the need to explore new opportunities and seek change, which is when I was offered the opportunity to transition full time to the technology and corporate advisory practice group at my firm, where I have since, worked on some very interesting matters in the field of e-commerce, technology (specifically fintech and insure-tech) and data protection related mandates, while continuing to work on a lot of general corporate advisory matters.

    With over 9 years of experience advising clients in different sectors, could you share a specific project or case that had a significant impact on your career and the clients you served?

    It is extremely difficult to pin-point and pick one project or matter that stands out. There have been so many great projects that I have had the good fortune to be a part of. Some where the kind of work itself has been disruptive and cutting edge, while others where the work or business model in itself may not have necessarily been the most exciting, but the scale at which the business grew or the impact it had on the masses or the kind of targets such businesses may have met, despite the several roadblocks and hurdles it faced along the way, is what made such success stories extremely satisfying to watch. What in particular has been extremely gratifying personally is witnessing the meteoric rise and growth of several of the start-up clients I have been fortunate to work with as their external counsel. I have been incredibly privileged to have assisted several clients right from the days of their incorporation and seed investment to this date, where some of them have even gone on to become unicorns in such short spans of time. A few of the clients that I have worked or work with include Upstox, Groww, Google, Makemytrip, Mediassist, Air India, Licious, Big Basket to name a few.

    You have worked on a wide range of topics in the legal field, including data protection, cybersecurity, fintech, and emerging technologies like blockchain and AI. What drew you to these areas, and what do you find most exciting about them?

    It was never going to be easy to not be drawn into the revolution of technology playing out in front of me. Having grown up in a generation that witnessed the birth of laptops and mobile phones in India and the constant transformation of various technology and products, be it storage devices for instance- starting from floppy disks to CDs in the 90s and then to pen drives and hard disks in the first decade of the 21st century to now being almost entirely replaced with online servers and virtual data rooms and cloud storage services, where the need for an external hardware itself has almost been made redundant, technology in its various forms and facets have always peaked my interest. A decade ago, when I was in law school, I hadn’t even heard of the terms ‘Blockchain’ or ‘AI’,  let alone be interested in them, but today, I receive applications from law students across the country expressing their desire in pursuing a career specifically surrounding disruptive technologies like AI, blockchain, Big Data, Metaverse amongst others that were almost unheard of not too long ago. While many of these concepts are relatively new and have come into prominence only over the past few years, the pace at which technology and the legal landscape around it has evolved in such a short span of time, is extremely exciting to witness. The number of initiatives taken by the Indian government in the recent past, has played a major role in creating and supporting so many new age service offerings, which for me as a tech lawyer, consistently keeps me engaged, enthused and optimistic about the tremendous growth opportunity and potential that the tech space has to offer to the large digital consumer base in India, as well as the various stakeholders in the field, which includes tech developers as well as tech lawyers like myself.

    You have been recognized as a recommended lawyer by Legal 500 and a ‘Rising Star’ by IFLR1000 in the field of ‘Financial Services Regulatory’ in India. What do you believe sets you apart in this highly competitive and dynamic field of law?

    I would like to believe that the small recognitions and little success I have been fortunate to have witnessed thus far in my career is down to a lot of luck and hard work. Sometimes you need to be lucky to be at the right place at the right time, under the right circumstances and to be exposed to the right opportunities, for things to work out, and I believe I have been fortunate that way. Luck will however only take you so far without hard work, dedication and ambition. As cliché as it may sound, there really is no substitution to hard work. All of that said, the recognition and success would not have been possible without a strong support system at the back end, whether it’s a team that makes you look better than you are, family and friends who have to put up with you cancelling plans or constantly cribbing, or even clients that have been very supportive and generous with their feedback and wishes over the years. I have also been blessed to have had great mentors along the way, each of whom have in some way or the other played a major part in shaping my career and ensuring where I am today. I have also been fortunate to work with some excellent lawyers both in the organisations that I have worked with as well as counterparts on various matters, most of whom have inspired me in some way or the other.

    Your work includes policy and advocacy initiatives, and you’ve submitted stakeholder comments on consultation papers issued by regulators. Can you talk about the importance of legal professionals engaging in shaping regulations and policies in the technology and financial sectors?

    I cannot stress enough on the importance of engaging with regulators on a regular basis. As a lawyer who advises several big and small companies in different sectors, I often see challenges our clients face when it comes to either launching a new product or taking decisions over some of their existing businesses, specifically in regulated businesses like insurance, finance, healthcare and education among others. This is largely because of the lacuna that remains around the operation of several new age businesses within the existing regulatory framework. This could be down to the regulators not having accounted or envisaged for the kind of business models and businesses that exist today, back when they formulated the law, or it could simply be on account of the rapid evolution of the business landscape outpacing the existing legal framework. Almost every service offering that is either provided in a regulated sector or offered in some way or form in connection with a regulated entity is either already regulated today or is proposed to be regulated in some manner. It thus becomes very important for the government to interact with actual stakeholders of a particular industry and vice versa, before a law can be passed so that each relevant stakeholder that is impacted by such law has expressed their inputs and concerns around the framework proposed to be brought in, before it becomes a law. As a consultant to several impacted clients/businesses and also independently as a lawyer that practices in areas that such law pertains to, we often engage in discussions with regulators either by meeting with them in person or writing to them either where we outline our views and provide our inputs and comments on the relevant bill/subject, while being mindful to ensure that the governments objective behind regulating such a business/subject in a legal and sound manner is not jeopardised in anyway. These discussions with regulators can go a long way in securing the interest of all the impacted parties, whether it is the customer, the business or any third person impacted by such regulations.

    Looking back at your career, can you share a particularly challenging or memorable moment that taught you a valuable lesson or significantly influenced your professional growth?

    You learn something every day in this profession. It could be learnings from mistakes you make at work or it could be adopting and applying something new that you have learnt, heard or come across during interactions with your peers or clients. A big learning on a non-professional front which ends up playing an important part in the long-term sustenance of your professional career would be on how to manage a good work life balance and yet deliver on expectations at work. That is still a work in progress personally for me, but I believe striking that balance becomes key to ensuring that you do not burn out and continue to be motivated in a field that is otherwise often associated with long work hours and a lot of hard work.

    You’ve advised start-ups, venture capital funds, and established companies. What are the key legal considerations that emerging tech companies should keep in mind, and how can they navigate regulatory complexities in India’s evolving legal landscape?

    Most clients I interact with today in the concerned space are extremely knowledgeable and fully ingrained even in the regulatory side of the business, which makes my job as a legal consultant easier as my work is sometimes reduced to validating their understanding of the regulated space. Such is the passion that new age entrepreneurs come with. That said, the law can be too complex for most people, which is why most of the bigger companies that we cater to are ably supported by a large group of advisors both inhouse and external (like us) while the smaller companies often rely on our expertise and advise to navigate through the legal complexities that remain in several industries. The legal landscape like you rightly pointed out is ever evolving with the changing business landscape. Accordingly, as lawyers we ensure that as the business of our clients grow and as they diversify into different sectors or launch new products, their respective policies, compliances, and agreements in place are revisited and updated as required  to counter the different legal hurdles that they may be  subject to.

    Get in touch with Raghav Muthanna-

  • It is seen that many fresh graduates being carried away with the burst of information and content on social media attempt to have their hands in everything but end up not having a meaningful impact in either-Shoumendu Mukherji, Advocate on Record, Supreme Court of India

    It is seen that many fresh graduates being carried away with the burst of information and content on social media attempt to have their hands in everything but end up not having a meaningful impact in either-Shoumendu Mukherji, Advocate on Record, Supreme Court of India

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

    Can you share your journey into the field of law and what motivated you to pursue a career in this field, including your experience at the National University of Juridical Sciences (NUJS)?

    I would say ‘Law’ happened by chance and it was not that I had planned for it for long. During Class 12, my parents came to know of law as a career from a friend of theirs. Once I started preparing for CLAT, the subjects that were offered grew on me, especially the sections on logical reasoning and current affairs. I enjoyed the preparations and was able to crack the exam that led me to my second home i.e. the City of Kolkata for the next five years. My parents were a constant source of encouragement during the preps. The only distant pre-existing link in my family with the field of law that I can think of is that my grandfather had been an Additional District Magistrate in the Bihar Civil Services.   

    Being at NUJS was an experience to cherish. For the first time I came into contact with peers from across the country. The different languages, foods, habits, it was an in-depth lesson in learning about the diversity of India. It was not too hard to make friends, as I was always an ardent participant in different extracurricular activities. There was a thriving atmosphere of Sports, Cultural events in college apart from moots and debates that developed the competitive spirit in all of us. NUJS was also popular in hosting the largest sports fest among law schools “INVICTA”. I had the honour of leading the fest in my 4th year as Convenor which also instilled a sense of leadership, and also won a national level moot court competition. These qualities did come in handy at the time of branching out with my independent practice.              

    As a first-generation advocate, can you describe the early years of your career? What were some of the challenges you faced, and how did you overcome them?

    The early years as an independent litigator were certainly challenging. There would be days when I would have no briefs in hand and I would wonder whether I took the right call to branch out this early (merely 2 years into my career). However, whenever you sense the overwhelming cloud of despair, every time there does emanate a beacon of hope from somewhere or the other which consolidates your belief to keep going further, into the path of uncertainty you’ve chosen. That beacon of hope may be from an entrepreneur friend who was looking for a lawyer to his start up, or the relative who had familial property issues to sort, or the acquaintance looking for advice on a will. The only way to overcome these initial challenges, in my experience, is to keep networking, and meet new circles of people. Social gatherings are also a healthy way to make new clientele, who knows what’s on the mind of a fellow invitee looking for quick and free legal advice!    

    For the initial two years after college, I had worked with a college senior of mine Mr. Ankur Sood, Advocate on Record. His office helped me inculcate nuanced drafting skills and the filing processes / preparation of a Petition thanks to his highly experienced clerk Sajid Ji, who would take me along to the various court registries to help me get a wind of what goes on behind the scenes of the glamour of the courtroom, and what all it takes to finally place a Petition on the Hon’ble Judge’s desk.  

    Your work spans a wide range of legal areas, from civil and criminal cases to intellectual property and arbitration. Could you share a few memorable cases or experiences from your career that have had a significant impact on you?

    I would say that being part of the Delhi Legal Aid Services (DLSA) initially at Saket District Court and handling cases as a ‘Legal Aid Counsel (LAC)’ for economically weaker litigants in the initial years in a way shaped me as an Advocate and emboldened my commitment towards the profession. The glee and the gratitude in the eyes of mothers on being told that their son had been acquitted or had got bail was very gratifying. Obtaining orders for domestic violence victims being awarded interim maintenance was also equally pleasing. It made me realize the social importance of our profession, and the impact it can have on the lives of thousands, that the long helping hand of law is not too far from any person in our society. 

    Obtaining a John Doe order for a multinational publishing house in the initial years from the Hon’ble Delhi High Court followed by raids on the infringing publishers at Daryaganj was my first brace with big ticket litigation and a memorable learning curve.   

    During the Covid pandemic, there was this huge controversy about reduction in school fees as no physical classes were being held. I was approached by an Association of 250 ISC / ICSE Schools from West Bengal for obtaining relief from Supreme Court as Calcutta High Court had passed an adverse order directing the schools to charge only tuition fees, which was impractical as schools also had to pay salaries, other running expenses for the upkeep of their infrastructure. The High Court had also ordered for showing of schools’ balance sheets and appointed a committee composed of the Petitioners’ Advocate to address grievances of parents. The controversy was fostered owing to an absence of a fee regulatory body in West Bengal. We were faced with an onerous 3 judge bench in the Supreme Court with Justice MR Shah on it. However, we managed to obtain a stay order from SC, and for the next 12 months were a roller coaster of a journey dealing with an unpredictable bench of the Calcutta High Court which was passing contradictory directions at every hearing date at a frequency of 2-3 months. I also had to make frequent trips to Calcutta to attend the Court-appointed Local Commissioners’ hearings on behalf of the school management. Ultimately the Supreme Court gave a quietus to the issue as Covid had passed and all the directions were kept restricted to the Covid years alone. 

    During my tenure as a Counsel for the Union of India I appeared for the Department of Atomic Energy before the Appellate Tribunal for Electricity (APTEL) at New Delhi. The matter pertained to a demand of Rs. 289.59 Crores under the head “Grid Support Charges’ ‘ made by Govt of Telangana. After hearing arguments, the Hon’ble Tribunal was pleased to stay the said demand in favour of the Union of India holding that under Section 184 of the Electricity Act, 2003 exempted the Ministry or Department of the Central Government dealing with Defence and Atomic Energy from applicability of the Act. 

    You’ve represented various Central Government Departments and have extensive experience in litigation. How has your role as Senior Panel Counsel for the Union of India shaped your legal practice?

    Being on the prestigious Senior Panel representing the Union of India has thrown open the window of opportunity to appear before the Delhi High Court on a daily basis before different benches. It adds to the sheer volume of briefs that you prepare for on an everyday basis and a rich experience to shape your future career. Each brief brings with it an unique point for consideration and the high stakes that come along with it. As a counsel holding a brief for the Union of India, you are expected to be on top of your game day in day out. The Hon’ble Judges expect you to be fair and well prepared as every new Petition on the Supplementary List starts with a Stay Application to oppose and the Government’s action to defend! Thus, one cannot afford to take any brief lightly. Usually, the new matters are marked to the Govt. Counsels the evening before, thus we only get that evening and next morning to take instructions from the respective Department and gear up for the admission hearing. It is thrilling, greatly satisfying and a big honour. 

    During the day in Court, we get to rub shoulders with Senior Advocates on the other side that adds to the challenge and gives you an added motivation to go to Court with your best prep forward. The sheer diversity of matters moulds one’s skill sets, one day it can be a Service Matter involving Promotion or Pension, on another day it may be Section 34 Challenge to an Arbitral Award, same day there may be a final hearing listed for a Miscellaneous Writ, on some days Tender matters, on some LPAs and Appeals against Tribunal decisions etc. Our younger crop of Panel Counsels also get enriched by the constant motivation and encouragement of our Seniors and Standing Counsels as well as Ld. ASG Sir who we keep crossing along the corridors of Delhi High Court and learning from their vast experiences.         

    You’ve been empaneled with organizations like GAIL (India) Limited, Delhi Development Authority (DDA), Council for the Indian School Certificate Examination (CISCE) and the Enforcement Directorate (E.D.). Can you discuss the importance of these empanelments and how they have contributed to your professional growth?

    One must realise that empanelments are only a push to give you volume of work, which you are eligible for only after 4-5 years into your practice. The initial years preceding that eligibility period you have to really grind it out. I would say that is the gestation period. Empanelments help you get a good grip on a specific type of subject area, and some empanelments with retainers ensure a fixed income per month securing you financially. But you need to keep performing and maintain the standards otherwise someone else will take your place.   

    How has Becoming an Advocate on Record further helped diversify your practice? 

    It has given a foot in the door for establishing an independent Supreme Court Practice. Not that I have not been working on Supreme Court matters earlier. Thanks to my college senior Mr. Kunal Chatterji, AOR who had given me a volume of Supreme Court drafting to do in my initial years when I had branched out independently. His clerk Sukanta Ji also taught me the nuances of SC Filing Procedures, I will be forever grateful to them. Becoming AOR is one thing, but getting those AOR briefs for filing is the second step that follows. For this, it is important to carve out a network of lawyer colleagues from different states who can send you those SLPs, Civil Appeals and Transfer Petitioners. During our first orientation organized by the Supreme Court Advocates on Record Examination (SCAORA), Justice Sanjay Krishan Kaul who had himself been a AOR gave us all a golden advice to not be merely postmen but to read and give finishing touches to drafts that came our way so that the knowledge gained during the AOR Exam preps can be put to good practical use. Justice Kaul advised us to refrain from filing Petitions without reading them which holds good in today’s times.   

    You have also been involved with certain matters of political nature. Could you throw some light on them and their professional benefits? 

    I would say these are our social responsibilities. In the aftermath of the West Bengal Vidhan Sabha Elections of the year 2021, there was large-scale violence that broke out targeting the members, workers, voters of the Bharatiya Janata Party (BJP) who had voted / campaigned against the ruling Trinamool Congress (TMC). As soon as the results were declared, there were murders, loot, arson, and even gang rapes. Although the State of West Bengal has a history of bloody elections and many would declare such violence to be ‘normal’, however at some point of time that ‘normalcy’ must be questioned. In all other States elections are held peacefully, then why an aberration in only this one State. I was part of the team that appeared for the victims in the Hon’ble Supreme Court and Hon’ble Calcutta High Court. I would put in all nighters to draw up the pleadings explaining the gruesome incidents and plight of the families. Finally, the Calcutta High Court ordered a CBI probe into the various incidents. 

    Earlier this year, after the Municipal Corporation of Delhi (MCD) elections and appointment of a new Mayor in Delhi there were separate elections held for the 6 positions of the MCD Standing Committee which is voted by Councillors. Owing to a fracas in the house and expecting an unfavourable outcome, the Mayor who was a Councillor elected on an Aam Aadmi Party (AAP) ticket cancelled the elections and ordered re-elections even though the process had been completed and only results were left to be declared. The Hon’ble Delhi High Court declared the Mayor’s action to be illegal and directed pronouncement of the results immediately. 

    Being involved with political matters provides one a hand to work for the betterment of our systems and appear for MPs, MLAs and various leaders of the said political party. It gives one a platform to interact with such elected representatives and public personalities to learn from their world view, perspectives. Moreover, such matters often attract a lot of media attention and it thus gives one an additional edge and experience of regularly appearing in such media-friendly ‘high profile’ matters. I also have had the opportunity of assisting the BJP during election cycles, both at the National and State levels pertaining to Election Commission compliances which has helped cultivate different kinds of skill sets.                

    Finally, as someone who has built a successful legal career with diverse experiences, what advice would you like to give to fresh graduates who are entering the legal profession today and aspire to make a meaningful impact?

    Foremost takeaway from what I have experienced, is to be patient and not be in too much of a rush. Yes, be ambitious but be practical as well. It is seen that many fresh graduates being carried away with the burst of information and content on social media attempt to have their hands in everything but end up not having a meaningful impact in either. The race is long and lawyers don’t retire. If one is sincere, dedicated and hard working, rewards will come, even if not today then certainly in the next few years down the line. What is essential however is to have in place a working culture and a disciplined lifestyle. Those abashed college years are over, in the real world a lot more is riding on every brief and your every appearance than just a few marks of a moot court competition! 

    Get in touch with Shoumendu Mukherji-

  • Never think you are an accomplished professional; you should always be a learner- Iqbal Tauseef, Director Legal Affairs – Country Head – India, TTEC

    Never think you are an accomplished professional; you should always be a learner- Iqbal Tauseef, Director Legal Affairs – Country Head – India, TTEC

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

    You’ve had an impressive and diverse legal career spanning various industries and roles. Can you share your personal journey and what initially inspired you to pursue a career in law?

    My Inspiration to pursue the law is to understand the world from an equity and justice perspective. My way of seeing things has developed a lot with critical and logical thinking. Another reason was to be part of the corporate world and sit along with the executives on the table, as their advisor for ease of business from a legal perspective, while meeting their business goals. 

    With experience in IT, software, FinTech, pharma, healthcare, energy, environmental, and manufacturing industries, how do you adapt your legal expertise to meet the unique needs of each sector?

    My vast experience on basics of Contracts Drafting and Negotiations, Compliance and Dispute resolutions skills has made it efficient for me to cross through various industries. One, can be part of multi-industries, if you have strong legal skills and business acumen, as every business requires someone who can avoid the disputes and resolve them if they arise. Strong hold on knowing what compliances are applicable to respective industries, is also another tool for getting on different boats.

    You’ve worked extensively in contract management, negotiations, and arbitration. Could you tell us about a particularly challenging contract negotiation or arbitration case you’ve handled and the key lessons you learned from it?

    I have seen multiple challenging negotiations, wherein I bridged between sales targets and risk mitigation, which is not an easy task. One of the important projects in my journey was an agreement negotiation for setting up a Waste to Energy Plant in India. This is to be the third largest Waste to Energy plant in India. This project was awarded by one of the State Governments to the Company and was given on the BOOT model. The main challenge was to figure out the technology procurement which meets the budget and quality specifications. At the initial level the procurement team reached out to a Japanese Company for providing the Incinerator and that was to be done in consortium with one of the Indian Company for civil works. As part of the legal, I advised upon the challenges we may face for any change in scope and compliance by the consortium (consortium being led by a foreign entity). The executive committee including the CEO and CFO took the cognizance of the risk and decided to reconsider the options for procurement. Instantly, I advised an Indian Company who can be prompt to accept the changes based on the requirements and necessity. The Company worked in that direction and got one of the leading players in India on board for supplies. I as a head for Contracts initiated the drafting, negotiating and finalizing the procurement agreements. We successfully had achieved the timelines with efficacy.

    This deal plays an important role in my career as it involves identifying the unforeseen challenges related to technology issues, warranty, onsite safety, labour availability (During Lockdown period) and completions within the timelines. All the legal matters related to drafting of documents, advising on Logistics & Labour, Financial documents including bank guarantees, corporate guarantees are dealt by my team headed by me. I am proud of this work as we successfully deployed the Indian Company to compete with a foreign company on technology and timelines.

    Your experience at Re Sustainability includes some significant achievements, such as incorporating SPVs and advising on public-private partnerships. Can you share more about these experiences and what they meant for the organizations involved?

    Re-Sustainability is India’s leading waste management company. It is also competing with foreign companies and handles certain major projects outside India as well. Re-Sustainability majorly bids on government projects and has its presence in more than 50 cities and towns in India. This makes the company a reliable partner for various governments and helps the company to build public-private partnerships on certain projects. Few of the significant projects are ‘waste to energy plants’ built in Telangana and Delhi, Municipal Waste project in Chennai etc. 

    In your role at TTEC, you’ve managed a wide range of responsibilities, including M&A, global contracts, legal counsel, and more. Can you discuss how you balance these diverse responsibilities and the key to success in such a multifaceted role?

    “Never a learning, will go in vain”, all my experience and learning throughout various industries helped me to bag this significant role at TTEC. I am associated with TTEC as Legal Head for India. I bag legal, compliance and COE domains. Keen eye on corporate compliances, upgradation with Contracts negotiations skills and productive team leader qualities, helps me to balance all the three roles. We give 100% dedication to what we do and that brings the reliability of various stakeholders, on legal. I have a Contracts Centre of Excellence team working with me, which helps global stakeholders to draft and negotiate their revenue and corporate contracts for various regions such as North Americas, Australia, EMEA etc. 

    My Key to success is never say “I can’t”, you learn and you do it with dedication and honesty.

    You’ve contributed as an author and have written articles in the legal field. Can you tell us about your experiences in legal writing, and what impact do you think it has on the legal profession?

    Yes, I do write on legal subjects. I wrote an article “FORCE MAJEURE IN DIFFERENT LAWS AND COVID-19” and also contributed to “Handbook on Arbitration: A Practical Guide for Professionals” – published by Institute of Company Secretaries of India. Serving the legal fraternity is significant for legal professions, who gain a good repute and exposure. The way you can serve is to write and share your thoughts. Legal writing is very important to let young and aspiring lawyers know how industry works, how to interpret the law and share the legal skills. This will motivate and guide them to explore legal avenues and gain the subject matter. 

    Your career is filled with awards and recognitions, such as being recognized as one of the Top In House Counsels by Forbes. What, in your opinion, sets you apart in the field of law, and what advice do you have for legal professionals aspiring to achieve similar recognition?

    I believe, hard work, dedication and honesty in the below aspects, have brought me these recognitions and awards.  What sets a legal professional apart can vary, but here are few aspects that can contribute to recognition and success in the field:

    1. Expertise in a Niche Area.
    2. Strong Advocacy and Communication Skills.
    3. Ethical and Professional Conduct
    4. Community Involvement
    5. Mentorship and Networking
    6. Continuous Learning and Adaptation

    As an accomplished legal professional, what advice would you like to give to fresh graduates or those starting their careers in law?

    Never think you are an accomplished professional; you should always be a learner. Here are some tips that can help new lawyers as they embark on their legal careers:

    1. Continuous Learning: The legal field is dynamic, and laws are subject to change. Make a commitment to lifelong learning by staying up-to-date with legal developments and continuously improving your legal knowledge.
    1. Effective Communication: Strong communication skills are essential in law. Develop your ability to articulate complex legal concepts clearly and concisely to clients, colleagues, and judges.
    1. Legal Research Skills: Become proficient in legal research methods and tools. This skill is fundamental to building solid legal arguments and understanding the legal landscape.
    1. Networking: Build a professional network early in your career. Attend legal events, join bar associations, and connect with experienced lawyers who can provide guidance and mentorship.
    1. Legal Specialization: Consider specializing in a particular area of law that interests you. Specialization can make you more attractive to clients and employers.
    1. Work Ethic: Hard work and dedication are often keys to success in law. Be prepared to put in the time and effort required to excel in your work.
    1. Ethical Conduct: Maintain the highest ethical standards. Trust and integrity are paramount in the legal profession.
    1. Professional Development: Seek out opportunities for professional development, such as CLE (Continuing Legal Education) courses and workshops.
    1. Practice Management: If you’re in private practice, learn about law firm management and business development. It’s not just about practicing law but also about managing a legal practice effectively.
    1. Mentorship: Find a mentor who can offer guidance, answer your questions, and provide insights into the legal profession. A mentor can be invaluable in helping you navigate your early career.
    1. Adaptability: Be prepared to adapt to changing circumstances and legal landscapes. Flexibility is a valuable trait in the legal field.
    1. Attention to Detail: Legal work often involves complex documents and contracts. Pay close attention to detail to avoid errors that can have serious consequences.
    1. Legal Writing Skills: Practice and improve your legal writing skills. Writing clear and persuasive legal documents is a critical part of legal practice.

    Remember that building a successful legal career takes time and dedication. Don’t be discouraged by initial challenges or setbacks, as they can be valuable learning experiences. Over time, your skills and reputation will grow, and you’ll have the opportunity to make a meaningful impact in the field of law.

    Get in touch with Iqbal Tauseef-

  • It is very important that we give back to the society we live in. It is even more important for a lawyer to do so because we form part of this privileged and noble profession, where we understand not only the rights and duties but also the general state of affairs in the country- Aditya Sharma, Advocate on Record at Supreme Court of India

    It is very important that we give back to the society we live in. It is even more important for a lawyer to do so because we form part of this privileged and noble profession, where we understand not only the rights and duties but also the general state of affairs in the country- Aditya Sharma, Advocate on Record at Supreme Court of India

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

    Can you please share your journey from obtaining a B.A., LL.B (Hons.) degree at National Law University, Delhi, to becoming an Advocate-on-record at the Supreme Court of India? What motivated you to pursue a career in law?

    There were no lawyers in my immediate family, in fact I grew up in the beautiful city of Bhopal which despite being the capital doesn’t even have a High Court. I took mathematics and science and it was only in my senior secondary year that law as a profession attracted me. It was my English teacher who saw my potential in law and suggested that I take it up as a profession. At that time little did I know that it would change my perspective towards society completely and give my life a deeper meaning and purpose. 

    I loved every bit of my time at National Law University, Delhi, it ignited a sincere passion towards law and people here were smart in so many different ways and fields. At NLU, Delhi, I was busy doing assignments, research work, internships, Moot Courts, Mediation & publishing articles. I had no clue that 5 years went by so quickly. I enjoyed mooting, I guess it came naturally to me, it gave my exposure at international level at Jakarta (Indonesia), Malaysia and Cape Town (South Africa). I was part of the Moot Court Organizing Committee and also Convener of the Student Welfare Committee at NLU, Delhi. When I graduated with a degree in law I was selected in western universities with partial scholarship & fee waiver and also at Indian Law Institute, Delhi for LLM (1 year program) but I chose to start practicing law and learn in the chamber and before the Courts. 

    Becoming an Advocate-on-Record was a necessity for me being a first generation advocate practicing at the Supreme Court. It was with God’s grace and years of chamber practice that I was able to attain this milestone in my very first attempt despite the challenges that came along with the way. When I cleared the AOR exam, Coronavirus (COVID-19) Pandemic was already here and that gave me an opportunity to pursue a master’s degree in law. I did my LLM in constitutional law and administrative law during that period. It motivates me that as advocates not only we contribute in the justice delivery system but also keep the faith of the masses in our wonderful system & constitution, despite the challenges, flaws and adversities. 

    You’ve had a diverse range of experiences in different legal chambers and roles. How did these experiences shape your understanding of the legal profession, and what valuable lessons did you learn during this time?

    In my final year of law school while interning at the office of Sr. Adv. Sidharth Luthra I realized that litigation at the Supreme Court of India is my calling. After enrolling as an advocate I joined the chamber of Sr. Adv. Rebecca M. John where I got an opportunity to work on leading criminal cases including cases involving heinous crimes, CBI trials, trap & disproportionate asset cases and many more. This gave me hands-on experience of addressing the court & arguing, drafting and filing, observing examination in chief & conducting cross-examinations and also further enhanced my court craft. After a year, I joined the Chambers of Sr. Adv. Gopal Subramanium, where I assisted him in variety of matters before the Hon’ble Supreme Court of India & other High Courts. Sir, dealt with various issues such as constitutional matters, writs, challenging varies of Acts, election petitions, criminal appeals, opinion on Delhi as State or Union territory, tender and mining cases, intellectual property matters & so on. 

    During this time as a chamber junior I learnt a lot about the legal profession, most importantly how to approach any case, how to extract facts and not only to simplify the most difficult situations/ facts/ documents but also to present it in a manner which is easy and effective to understand. Understanding of law is only one part of practice of law, its application on given facts as they come from the lower court, after various testimonies of witnesses and their cross examinations is not the same thing. It is only when you apply yourself to the given factual matrix and understanding of law, that you can unravel the truth and get justice for your client(s). Above all, never compromise with your professional ethics and morals. Give yourself a little grace, don’t have unrealistic expectations or look for magic to happen overnight, give it time. It takes years and its own time so just be honest, humble and diligent with your work and don’t lose patience or hope. 

    Could you tell us more about your interest in these specialized areas of criminal law, original suits before the Supreme Court of India (Suits between states) & river water disputes and how they have influenced your legal practice?

    Criminal jurisprudence and penal law always fascinated me, perhaps it was the small town factor along with the media reporting where news reports covered major financial & heinous crimes regularly. They also covered interesting arguments of the lawyers appearing in those cases and opinions on its impact in general. Every student of law knows that bail is the rule and jail is an exception. There are so many cases where courts have emphasized bail should be granted, even recently by order dated 30.07.2023 in MD. Asfak Alam v. the state of Jharkhand & Anr. The Hon’ble Supreme Court reiterated the directions issued earlier and as well as other directions to emphasize unnecessary arrest should not be made & bail should be granted especially in cases where punishment is less than seven years. Thus given the grim situation we have there is so much one can contribute in the field of criminal law & more importantly I feel fortunate that I can actually help people get justice and live a life outside prison. 

    It is very important to resolve disputes that arise between states/ union & states for the integrity of our country. It is not only the government which is at stake here but also lives, peace and prosperity. When the suit is between two states which are equally independent and part of the same constitutional framework, the suit is instituted at the Supreme Court of India which has to find a solution and pass a decree. Similarly a life & prosperity depends on the river water availability and this gives rise to disputes where the upper riparian doesn’t provide the water to the lower riparian state. Such disputes are heard before the River Water Disputes Tribunal and where the claims of the states are heard and their shares are determined. They also lead to Original Suits for enforcement of agreements, power distribution, for seeking mandatory injunctions and for control & administration between the States &/ or Union. Both these areas have significantly influenced my practice as on one hand there are criminal cases and suffering of the individuals waiting for justice and to come out of prison and on the other hand issues that will affect millions of people in different states. 

    As a practicing lawyer, you’ve represented clients in various matters before the Supreme Court of India and other high courts. Could you share a memorable or challenging experience that had a significant impact on you and your career?

    Early in profession I was approached to file a bail application, where client was arrested for the offence of rape. This one stands out in particular because I was able to get the client out on bail in one day from the lower court itself. We were able to establish that this woman was not only married to someone else and seeking settlement from her present husband but in the last 2 years she had filed over 5 complaints in different police station against different individuals alleging rape on the ground of false promise of marriage. Eventually case was quashed by the Hon’ble High Court. While I was legal advisor at National Commission for Scheduled Tribes, I came across this case where a tribal women was raped and police was not even ready to take her complaint, much less the registration of an FIR. This case touched me because it made me realize that despite 75 years of independence our forces are still in colonial hangover, where the station head officer feels he is the king & his word in the law. There is no audience for the downtrodden in his police station. With commission intervention police became active, FIR was registered and investigation was done, commission also recommended stern action against the erring police officials. In another case, I have a decree in my clients favor passed by the Hon’ble Supreme Court almost two decades ago but looking into the sensitivity of the matter and the geo-political implications, the Hon’ble Court was pleased to direct the central Government to play an active role to mediate the matter. This matter highlights the importance of mediation as all levels and parties should consider it not to complete the formality but put in real effort to resolve the dispute. 

    In your experience, what are the key skills and qualities that a successful lawyer should possess, especially for those who aspire to practice at the highest levels, like the Supreme Court?

    Lawyer should be hard working and honest to begin with, he should be ready to put in the analytical abilities and also the hours required to complete the draft or prepare the arguments. He must be consistent and diligent, each and every case must be prepared very carefully, and detailed legal research should be carried out on the subject, not only he should go through the latest judgments but also how law has developed over the years on the concerned issue. Lawyer must have good analytical ability, he should be able to extract facts, information from the factual details & complex documents provided by the client, testimonies of the witnesses. Attention to detail is very important for any lawyer for instance any inconsistencies during the cross examination must be caught on the spot. Whether it’s the witness testimony or the inconsistency in the documents, attention to detail can save your day and present surprises in the middle of a hearing. Other important skills include, time management, keeping your documents organized (even on the electronic devices as a lawyer one must keep documents and files up to date & organized), legal writing skills as not only oral arguments but also petitions/ applications/ written submissions have to be simple to understand and yet very persuasive and lastly interpersonal skills as lawyers have to interact with clients and other professionals on regular basis. 

    You mentioned providing free legal advice to the underprivileged through a Legal Helpline. Can you share the importance of pro bono work in the legal profession, and how can young lawyers get involved in such initiatives?

    It is very important that we give back to the society we live in. It is even more important for a lawyer to do so because we form part of this privileged and noble profession, where we understand not only the rights and duties but also the general state of affairs in the country. We can see when the law is wrong, when it will not stand in court of law and when it is being misused thus it is our responsibility to take action and help those who cannot afford to fight their own legal battles. Many times people are not even aware that legal aid is available in the courts and if someone tells them able the procedure of getting legal aid or where the office for legal services are situated, that in itself a huge help for them. A young lawyer may have difficulty taking up the case pro bono due to the financial incapacity and lack of experience but he can provide his opinion and also guide the person / fill the application for getting legal aid, which will enable the needy to get assistance and representation from the concerned legal services authority. 

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

    Be patient and take your time to decide how you want to serve, look for your calling. Whether you want to litigate or be a judge, teach law and become a professor, join the civil services or a law firm or a corporate house. In litigation, first look for a mentor, a chamber where you will unlearn the bookish knowledge and learn the practice of law. It is under the able guidance of your senior that one honed their skills, collects the tools necessary for future cases. Be prepared to be a student of law for all your life, develop a habit of reading daily, not just law but also other subjects. Be through with the research and apply your mind, be analytical and work on your legal writing skills. In any chamber first way to prove your ability and to bind trust and credibility with your senior is through in depth research (not just reading of headnotes, but developing habit of reading the cases & commentaries cover to cover) and by legal writing skills reflected through the drafts. Don’t be scared of working long hours and working hard but at the same time manage your time wisely to ensure no clients suffer because of you. Lastly, enjoy the journey in law, you have a long way to go. 

  • The usage of technology and artificial intelligence to streamline legal processes and improve efficiency is a trend that will continue to grow- Rohan Sharma FCIArb, Principal Associate at Karanjawala & Company and Solicitor (England & Whales)

    The usage of technology and artificial intelligence to streamline legal processes and improve efficiency is a trend that will continue to grow- Rohan Sharma FCIArb, Principal Associate at Karanjawala & Company and Solicitor (England & Whales)

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

    Can you tell us about your journey into the field of law and what inspired you to pursue a career as an Advocate and Solicitor in both India and England & Wales?
    Coming from a generational family of lawyers, taking up law as a profession was a default option. However, after completing my graduation in Political Science (Hons.) from Delhi University, I initially dabbled in venturing towards doing something Information Technology or Business Administration, but not getting the college of my choice I finally decided to pursue law. By the time I made my decision, the entrance exams for both IP University and Campus Law Center, Delhi University were over, so I took up admission at Mewar Law College, C.C.S University. Looking back I regret that despite the opportunity I never interned with any law firm or Advocate during my studies at the law college. 

    After completing my graduation I read law in the chambers of Sr. Counsel Mr Arun Bhardwaj for almost 6 years and practised both on the Civil and criminal side during which I had secondments with both English and Singapore law firms, and then in 2013 I joined my current law firm Karanjawala & Co, I am very grateful to Mr Raian Karanjawala who gave me the opportunity to sharpen my legal skills in my current firm which I call the “AIIMS” of legal practice, because of the sheer amount of diverse matters one gets to handle ranging from complex commercial disputes, PIL, writs petitions, etc to family disputes and one is exposed to the whole spectrum. My supervising partners, Debmalya Banerjee and Meghna Mishra, also deserve credit for their priceless guidance and mentorship.

    Credit goes to my father who encouraged me to become a Solicitor as after completing of LL.B., we discussed the possibility of doing an LL.M. However, I was not keen to do further studies, so he suggested that I should sit for the Solicitors conversion test and simultaneously work with either English or Singapore law firm for some time abroad to broaden my horizons. I qualified as a Solicitor after taking the erstwhile conversion test known as the Qualified Lawyers Transfer Test (QLTT) in 2010 and my experience working at Clyde & Co, London gave me key insights into the life of an English Solicitor. Following my secondment at Clydes, I had the privilege to join Rajah & Tann in Singapore where I worked under the current Chief Justice of Singapore, Mr. Sundaresh Menon SC, as well as Jainil Bhandari, Partner in Admiralty & Shipping, and Prakash Pillai, Partner in International Arbitration and then later on I continued my professional journey at Herbert Smith Freehills, under Mr. Nicholas Peacock, Partner in Arbitration.

    Just before the Covid 19 pandemic, I submitted my application via The Experienced Practitioner Route (EPR) to become a Fellow with the Chartered Institute of Arbitrators (CIArb) which is the world’s largest community of alternative dispute resolution (ADR) professionals, and in 2020 after review of my application and interview by the main office at London, I was inducted as a Fellow.

    With around 15 years of experience in civil & commercial litigation, arbitration, and corporate matters, could you share some key highlights or memorable cases from your career that have had a significant impact on you?

    Sure, let’s start in a descending timeline, in 2022, it is every lawyer’s aspiration to brief and assist Mr Fali Nariman, Sr. Advocate who had been on hiatus for quite some time, my chance to brief Mr Nariman came during the COVID pandemic in 2022 when Mr Nariman agreed to appear for Surat Parsi Panchayat Board before the Supreme Court who were seeking a traditional burial of Parsi Zoroastrian Covid-19 victims. From the initial preparation of the special leave petition to the final disposal of the matter, Mr Nariman even at the age of 94 is full of energy and spent a great deal of time and energy going through every document. Mr Nariman used to dictate numerous notes, which he used to consistently amend to make them as concise as possible for the Bench. My big takeaway is to consistently think about your case as with the passage of time you are able to articulate the material facts required for the applicable rule in a concise manner. 

    The culmination of a successful arbitration (Government Of NCT Of Delhi. Vs. M/S Shonkh Technologies ) that started from seeking an injunction (Section 9 of A&C Act Petition) against the termination order passed by the Transport Department, Government of NCT in 2013 against our clients- Concessionaires. Due to the sheer volume of documents we had to sift through and collate them in a logical manner in relation to our claims with the various Sr. Advocates that were briefed in the matter starting from Mr Gopal Subramaniam, Dr. Abhishek Manu Singhvi, Mr Sandeep Sethi, Mr Saurabh Kripal and  Mr Chinmoy Sharma, gave me a front row seat the manner in which the said Sr. Advocates muster and applied law to common facts, their legal strategy has been invaluable in my growth as a lawyer. The case is memorable as the client reposed faith in me and referred me to subsequent matters. 

    During my initial days of joining Karanajwala & Co I was marked on an ongoing writ petition against an Insurance Company that had unilaterally deleted rain cover for a cricket match and subsequently repudiated the insurance claim. After two concurrent findings by Delhi High Court that writ petition is not maintainable, we were able to successfully persuade the Supreme Court to set aside the concurrent findings. This case is memorable as we developed the parameters for invoking writ-large jurisdiction concerning insurance policies, rather than resorting to alternative remedies.

    I have had the best time working at Barlow Lyde & Gilbert now known as Clyde & Co and I express deep gratitude to my supervising partners Mr Richard Black, Eurof Lloyd Lewis, Patric McGonigal, Jeb Culow and colleagues Lyall Hickson, Leon Alexander and Kenzia who involved me in their matters, encouraged me and were patient in clarifying my numerous concerns. 

    During my tenure in the Marine Energy & Trade department at Barlows, Mr. Black engaged me in the Elektrim SA v Vivendi Universal SA case, which was a multi-billion-euro dispute ranked by American Lawyer magazine as the 11th largest arbitration in the world in the year 2008. As this matter had only a limited number of associates involved due to its focus on insolvency issues and compliance with EU Regulation No. 44/2001, rather than shipping-related disputes. So Mr Black involved me and I had the chance to undertake various tasks preparing notes for the hearing, from drafting witness statements & procedural applications, bundling & filling, attending conferences with Barristers and Kings Counsels such as Gabriel Moss KC, Richard Millett KC & Julian Kenny KC, court hearing, etc.

    I recall that in one of the hearings before the Commercial Court, Royal Court of Justice, Mr Toby Landu KC who acting for the Vivendi Universal SA during his submissions quoted from the book- EU Regulation on Insolvency Proceedings which was incidentally authored by Gabriel Moss KC who was leading us in the same matter which lead to a series of amusing comedy of errors during the hearing.

    One of the other big matters- Congentra AG v Sixteen Thirteen Marine SA (The “Nicholas M”) in which assisted & acted for the Russian Charterer- Congentra AG against the Greek Shipowners-Sixteen Thirteen Marine SA who had instituted London arbitration proceedings and obtained attachment order in New York in support of their arbitration claim. We counterclaimed that the attachment order was wrongfully obtained and the injunction should be discharged. We were led by Richard Southern KC, Richard Walker KC and Anna Gotts. Leading up to the dispute the emails were exchanged from different parts of the world so to get a real sense of the timeline I remember we had to cross-reference each email with the corresponding UK, Russian and New York time. 

    You are the Director of the Federation of Indian Corporate Lawyers (FICL), a not-for-profit organization. Could you tell us more about FICL’s mission and the role it plays in the Indian corporate legal community?

    Yes, FICL (www.ficl.org.in) was incorporated during the Covid pandemic in 2020 as a not-for-profit company. FICL’s vision and mission are centred around becoming the leading advocate for corporate lawyers in India. We aim to facilitate the sharing of legal expertise among the Indian corporate legal community while promoting the highest professional standards and offering valuable developmental opportunities for in-house lawyers and legal professionals in India to enhance their skills and expertise. To that effect, FICL released “FICL Code of Ethics & Standards of Professional Conduct for In-House Lawyers’ ‘ (“FICL Code”) during its Inaugural “FICL 1st Corporate Lawyers Summit 2022 held in New Delhi. FICL Code aims to provide general guidance on the ethical and professional standards to the In-house corporate lawyers community in India. 

    This year Justice Navin Chawla (Delhi High Court) released the results of India’s first “Survey on Dispute Resolution in India” undertaken by FICL & Centre for Trade and Investment Law (CTIL) during FICL’s annual one-day conference “DELHI DISCOURSE 2023”. FICL signed a Memorandum of Understanding with the Singapore International Arbitration Centre (SIAC), Beihai Asia International Arbitration Centre Pte Ltd (‘BAIAC’) to promote international arbitration as a preferred method for resolving international disputes. FICL also supports seminars of ICC, SIAC, IPBC, ACGC, Singapore Academy of Law, АРАС, etc for wider reach and participation of key stakeholders. 

    In 2022, you were recognized as one of the Forbes Top 100 Individual Lawyers in India and received the Lex-Falcon Global Award for Outstanding Achievements in the Legal Industry. What do these recognitions mean to you, and how have they influenced your career?

    These recognitions hold immense personal and professional significance for me, as they validate the dedication and effort I have invested in my practice. They serve as a powerful motivator and a source of pride, not only for myself but also for my team and my current colleagues Kartik, Nicholas, Anmol and Shreesh who have supported me along the way. Moreover, these accolades have had a substantial impact on my career trajectory. They have enhanced my professional reputation and opened doors to new opportunities. For instance, they have facilitated networking with like-minded professionals, leading to collaborations and partnerships that have further enriched my work.

    Your professional journey has taken you to law firms in India, London, and Singapore. How has working in these diverse legal environments shaped your perspective on the practice of law?

    I consider myself fortunate to have had the opportunity to work in diverse legal environments, which has greatly enriched my legal skill set. For example, in the UK, it is common for English Solicitors to engage in settlement negotiations and discuss the merits of a case without prejudice before it proceeds to a hearing, as the prospect of bearing actual and punitive costs in the event of loss weighs heavily on the parties involved. Likewise, I have observed that the legal practice in Singapore tends to be characterized by its clinical and direct approach. All in all, my experience of working in leading law firms across different parts of the world has provided valuable insights into their approaches and behaviours in different situations. 

    You’ve been involved in a wide range of legal matters, from representing corporations in arbitration to dealing with government regulations. Can you share some strategies or insights you’ve gained for effectively navigating complex legal landscapes?

    Whilst navigating disputes complex or otherwise, what I have learned is to develop a central theme like a tree trunk and then to categorise all the ancillary, supporting points like branches. This is also useful for complex legal issues where you can compartmentalize your key premises by using deductive and inductive reasoning methods as to why the court should rule in your favour. One should use a visual representation of a complex problem/ transaction by way of charts, diagrams or photographs which break down a big issue into bite-size issues which are easy to understand. 

    In drafting with the advent of cut-copy-paste, there is always an inclination to paraphrase and verbosity does not help either your clients or the judges so keep it concise. If you represent the Plaintiff- use active voice and vice versa for the Defendant. As mundane and time-consuming as it may be, make it a point to peruse through all the correspondence, documents, etc yourself and not solely rely on the client’s inputs.

    It’s prevalent for English solicitors to maintain a case diary/logbook, which basically is a notebook in which they pen down their case notes, client conferences, conferences with Barristers, coordination, etc which serves as a time capsule and it can be referred back for clarification, itemising memos, etc. This practice I believe one should inculcate.

    Can you discuss any trends or developments in the legal industry that you find particularly interesting or noteworthy, especially in the context of India and international practice?

    Technology Adoption: The Indian legal industry has increasingly adopted technology solutions for tasks such as e-filling, document review, research, case management, VC hearings, etc in the aftermath of the confinement during the COVID-19 pandemic. The usage of technology and artificial intelligence to streamline legal processes and improve efficiency is a trend that will continue to grow.

    Entry of foreign law firms in India: The much-awaited entry of foreign law firms this year by BCI is a big development that has happened this year. As these foreign firms establish a presence in India, a demand for local legal expertise in areas such as transactional and corporate law, JV, M&A, intellectual property, contract drafting, etc would emerge. The inclusion of foreign law firms in active participation in arbitration cases in India in form of either venue or seat will contribute to India’s potential to become a prominent international arbitration centre akin to London and Singapore. Simultaneously, this would open doors for Indian legal professionals to engage in arbitration activities abroad, presenting substantial prospects for them.  

    Alternative Dispute Resolution (ADR): India is ranked the fifth-largest economy in the world which is fuelled by mega infrastructure projects, Services, IT, manufacturing, etc. Consequently, the momentum of this booming economy often translates into an increase in commercial disputes. Resolutions of commercial disputes through arbitration and the newly enacted The Mediation Act are popular ADR methods. Furthermore, making India the hub of International Arbitration has been one of the pioneering initiatives of Prime Minister Shri Narendra Modi. So I do see a huge potential in this area.

    Finally, as someone with a wealth of experience and achievements in the legal field, what advice would you like to give to fresh graduates who are just starting their legal careers and are eager to make their mark in the profession?

    I am reminded of what a KC said to me when I was delivering hearing bundles at his chambers he asked “What is the similarity between mushroom and trainee solicitor” after a few moments he replied, “Both are kept in the dark and fed shit”. My advice to recent graduates is to prioritize the finer details, such as organizing paperwork in accordance with court records and staying in regular communication with your seniors regarding case progress or when things go south. These are the qualities that will make you stand out and your Seniors will entrust you with greater responsibility. Make a habit of writing legal articles periodically. The rest is about embracing your legal journey with a touch of humour and paying attention to your mental health. 

    Get in touch with Rohan Sharma-

  • After spending reasonable time on all the preparation, it is equally important to sleep peacefully within time and appear with a calm mind without trying to attach any emotions to your client/matter-Divanshu Gupta, Advocate, Rajasthan High Court

    After spending reasonable time on all the preparation, it is equally important to sleep peacefully within time and appear with a calm mind without trying to attach any emotions to your client/matter-Divanshu Gupta, Advocate, Rajasthan High Court

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

    Can you tell us about your journey into the field of law? What inspired you to pursue a career in this field?

    I am a first generation lawyer with no lawyer in the immediate or distant family. I appeared for my 12th standard examination and parallel competitive entrance exams in 2009. I belong to a generation where the traditional career choices of medicine/engineering had just begun to phase out and emerging career choices like law, arts, actuarial science etc. had begun to phase in. Like many others, I was preparing for engineering entrance exams and used to study law/law entrance during my free time or just as a back up. Incidentally, all the law entrance exams were scheduled after all the engineering entrance exams. I could take out time and focus on the same. The one thing which intrigued me the most about law entrance was – how the overall subject was technical on one hand and yet so narrative like a story book on the other hand. I could relate very well to this unique sort of intersection.  

    You’ve had a diverse career, starting with working for a prominent law firm and now running your own law chambers in Jaipur. How did you decide to transition into independent practice?

    At and around the time I graduated, GNLU was one of the (and continues to be) most sought after institution for recruitment by top tier law firms from India and abroad. I too was one of the many candidates who wanted to be a part of this ‘to be hired bunch’. A position with a top tier transactional law firm brought much required and sought after financial comfort, peace and stability. However, the work was far away from how one traditionally perceives the practice of law, be it a layman or a lawyer. It was away from reading and understanding latest case laws, working on matters before the courts or even going to courts. Everytime I had an opportunity to visit any court or do anything related, it would bring in some natural excitement and eagerness. Untill I transitioned to independent practice, I realized that this was my calling which I had been ignoring forever due to different reasons. I first transitioned by shifting from transactional law practice to litigation practice within the same firm. Since I was already more than 4 years old in Bombay, I then considered where did I want to be in the long run. At the same time, I could see Jaipur (my hometown) continuing to grow as an emerging metro city. Many of my knowns/seniors were satisfied with litigation and overall career opportunities over here in the legal field. I did a detailed survey of lawyers and opportunities in the city and luckily some of them were kind enough to give me a holistic and unbiased picture of what law-life here is going to be like. I found this platform to be more full of opportunities without any compromise in scope of learning and exposure. After quitting my job at CAM in January 2019, I started with my practice in Jaipur in April 2019.      

    During your time with Cyril Amarchand Mangaldas, you worked on project finance and later diversified into dispute resolution. How did this experience shape your legal perspective and approach?

    For all transactional law lawyers, they say that one should have working knowledge of litigation. And I feel the same other way round for litigation lawyers as well. Since the time I shifted untill now, my overall understanding of finance/transactional law continues to aid me day in and day out in ways more than one. So many litigation/legal issues these days stem from some or the other kind of emerging and complicated financial structure. In such a situation, one needs to be very adaptive to first understand the complex arrangement himself and then being able to break it down in a manner before the concerned forum that it becomes inclined to grant your client the desired relief within reasonable time.     

    It’s impressive to see the range of entities you currently represent as their empaneled advocate in Rajasthan. Can you share some of the highlights of your work with these organizations?

    A lot of the entitles of which I am a panel lawyer, are government bodies/corporations. In my limited experience and exposure, the case of such entities is often strong on paper but usually not properly represented. Many such cases relate to projects of public importance involving public money. Given the opportunity, I always try my best to deep dive into the entire case bunch/file such that false/frivolous claims, if any, are not allowed and what should remain for adjudication is the actual genuine claim. The work usually involves arbitration matters arising out commercial contracts, writ jurisdiction work arising out of service law issues, matters before the consumer forum etc.

    Dealing with complex legal issues to find simple solutions is an intriguing approach. Could you share an example of a particularly challenging case you worked on and how you managed to simplify the legal complexities for your client?

    As part of project finance practice, one works on lot of financing documents like – loan, guarantee, mortgage, pledge etc. many of which find their roots in the Indian Contract Act, 1872. I had drafted and negotiated these documents extensively for almost 4 years. Cut to 2022, I was dealing with a case of a widow lady ousted from her home by the lender bank on account of being a defaulting guarantor in a loan arrangement. While under general principles of contract law, it possibly appeared to be the right thing to do by the bank, however, her legal arrangement fell within the purview of the Rajasthan Cooperative Societies Act, 2001 which created an exception to the general rule of subrogation/co-extensive liability (Section 128 of the Contract Act) – i.e. recovery from the guarantor could only have been done after exhausting recovery mechanisms against the borrower. This is how my overall experience at a law firm doing financing documents day in and day out came in handy and based on this one point itself, we could secure back the possession of the house of our client.

    Apart from your legal practice, you also provide training for law students in various areas. What motivates you to engage in academic activities, and how do you balance them with your legal practice?

    As a law student and even before that in school, I always faced issues with respect to proper practical guidance – especially on things not available in any books or the internet. What motivates me to engage in academic activities is to eliminate fear and anxiety within then student/graduate community to take up new challenges/roles. Law for everyone including students should be a tool and not a mystery. Whenever I feel saturated or worked up with my regular legal work, it is actually the work of legal training which keeps me motivated and going.

    As a successful advocate, you have valuable experience appearing before different courts and tribunals. What advice would you give to young law graduates who aspire to excel in litigation and advocacy?

    Thoroughness in everything in my view matters a lot in litigation and advocacy. However, you cannot allow the perfect to be the enemy of good (something which I also recently learned from my father). One will never feel prepared enough to appear for any kind of matter. After spending reasonable time on all the preparation, it is equally important to sleep peacefully within time and appear with a calm mind without trying to attach any emotions to your client/matter (easier said than done). The more objective your approach would be, the more you’ll be at peace leading to overall positive legal consequences.

    Your journey seems to have taken you to various cities and law firms through internships. How did these internships contribute to your growth as a lawyer, and what key lessons did you learn from these experiences?

    My internships formed the backbone of what I should be like an actual lawyer – whether it was dressing, appearance, the way I spoke, ate, walked, responded, client dealing, file management, email writing and any and everything. All of these internships were a lot about observing minutely and learning how to keep calm at the time of legal chaos, urgencies and short deadlines. Everything which an intern does or is asked to do, should not be treated as unimportant or miniscule. Every single piece of such delegated work matters to the core and can have positive/negative irreversible consequences on any matter.

    Could you share some insights into the legal landscape in Rajasthan and the unique challenges and opportunities it presents for legal practitioners?

    One unique thing about legal practice in Rajasthan which I personally like dealing with is that the practice is not dominated by one particular kind of matters/lawyers – lets say banking, service law, electricity, start ups etc. and at the same time does not allow you to maintain that kind of approach. There is available work and clientele of diverse fields which one needs to tap, be it out of choice or compulsion. Similarly, there are both young as well as experienced senior lawyers in the market, contributing to the system at large in their own unique manner. Rajasthan, being at the pinnacle of renewable energy in the country continues to offer plenty of opportunities in the area of electricity law. In terms of challenges, there are many fora which continue to work in hindi pleadings, ordersheets and arguments. While it is not a challenge for seasoned lawyers, but could possibly be a challenge for lawyers fresh out of university.

    Running your law chambers must have its own set of challenges and rewards. What are some of the most fulfilling aspects of having your own practice, and how do you navigate the complexities of managing a legal firm?

    Being your own boss is the most fulfilling as well the most challenging aspect at the threshold. There is no office/firm if you are not there in the first place either by being physically present or in form of conducting daily review meetings/discussions. As a chamber practitioner, work flows down the in the hierarchy only from a single point of contact, i.e. myself. In such times, you ought to be constantly available for resolving queries of interns and associates, queries posed by a judge in court and kept for the next day, meeting and closing deals with new clients for upcoming legal work, focusing on your own legal and overall growth, taking out time to finish complicated drafting exercises, ensuring that the same gets filed without exceeding the limitation period and so on. Ultimately, the chain of command flows from you and everything which goes wrong, the buck stops at you. This is both challenging and yet enjoyable at the same time. It keeps you on your toes always, tires you out but doesn’t ever make you feel redundant – and that in my view is the silver lining. You only grow and every bad or unfortunate incident is a learning experience. This becomes most challenging when suddenly you have to deal with a legal issue you have never dealt before. The issue is not that much with legal skill but rather with the short span of time in which you have to resolve it out. In such a scenario, all your previous experiences of being a cucumber in chaos come in handy, you spoil some and you learn from some.  

    In your experience, what are some of the critical skills or qualities that young lawyers should focus on developing to build a successful legal career?

    Patience, is not a new answer to this question. Additionally, irrespective of whether someone is in litigation, transaction or anywhere else, being well read, thorough, being able to listen more and speak less (or only when it is required), not allowing a situation to overpower your senses, demeanor, being able to manage your temper, being slightly overprepared and most importantly – being responsive and not reactive to people as well as situations are the critical skills that young lawyers should focus on developing.

    Finally, considering your journey from a young law graduate to an established advocate and legal consultant, what advice would you like to give to fresh graduates who are about to step into the legal profession?

    I would tell them and rather clarify – I continue to establish myself and we all are sailing in the same boat. It’s just that our journeys began at different points of time. The moment one starts feeling that he/she has established himself at any point of time is the moment that you have slipped into some or the other kind of comfort zone. Don’t let that happen to you. As they say, if you are the smartest in your class, you are in the wrong class. One should try to be in company of people or lawyers where there is always something new to learn. There is no dearth of legal opportunities in the market. There are so many people literally craving for the right legal advice, don’t disappoint or misguide or play around with them. I am not telling you to work for free, after all we all have to first feed ourselves and then only we can feed the law. But, don’t take up a particular legal assignment or case only for the money and at the same time don’t abandon one because of money. There will always be some or the other kind of compromise. So, see accordingly where your sense of judgment takes you as everything you’d do as part of your daily work – drafting, research, arguing, filing, marketing yourself, you’ll always find yourself amidst a set of choices or options. Exercise your choices carefully but don’t be hesitant in doing that. Lastly, if you have 60% positive inclination towards doing a particular thing or making a choice and 40% negative, do go for it as not every time one can have 100% clarity or instinct with respect to everything.   

    Get in touch with Divanshu Gupta-

  • No doubt specialization is extremely important, but as a general practitioner developing a diverse multi-disciplinary practice is very important in my view- Saurabh Seth, Independent Counsel at Chambers of Saurabh Seth

    No doubt specialization is extremely important, but as a general practitioner developing a diverse multi-disciplinary practice is very important in my view- Saurabh Seth, Independent Counsel at Chambers of Saurabh Seth

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

    Can you share with us your journey and what inspired you to pursue a career in law?

    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.

    Get in touch with Saurabh Seth-