Ma’am, please tell us about your journey and how you ended up practicing law, specifically in criminal litigation and domestic violence matters?
I started my journey as a litigator in 2007, when I passed out of Government Law College. I started my practice as a corporate lawyer, however, my passion towards criminal law took me to Bombay High Court. In 2010, I started my journey as a criminal lawyer and since then I have never looked back. I started my practice as a junior associate lawyer to Counsel Mr. Niranjan Mundargi, who has been practising in Bombay High Court since the last 25 years.
Thereafter, my marriage took me to the beautiful country of Oman, where I continued my legal practice in disputes and arbitration in an American law firm in Muscat.
Just before Covid struck, I relocated to Mumbai and joined Advocate Harish Shetty, a famous criminal lawyer at the Andheri Metropolitan Magistrates Court, where I gained exposure in domestic violence cases.
Throughout your career, you have worked in various courts and withdifferent types of cases. Could you share some of your experiences and challenges while representing clients in criminal matters?
My experience is wide and varied as I have worked in international law and domestic law. However, there are some cases that profoundly impact every lawyer’s life. I still learn from my clients and empathize with them, whether it is the Accused or the Victim, fighting a legal battle is not easy for anyone. I had once worked on a case where an innocent young girl was falsely accused of abetting a suicide of a man who was only a collegaue of hers. Eventually, she was discharged from the case, but had to spend some weeks of her life in jail. Similarly, there was another case, where a man was falsely accused of mixing some substance in the tea of a woman, who was merely an acquaintance. We succeeded in the trial and the man was acquitted.
In both these case, the people who were accused of committing a serious offence were actually victims themselves. It is painful to see such innocent people suffer and their families suffer too. As a lawyer, I have always tried to show empathy and patience to my client.
You have also gained expertise in will drafting and legal notices. How do these skills contribute to your overall practice, and what advice would you give to individuals who may need assistance in these areas?
COVID has taught us that life is unpredictable and having a WILL, secures our loved ones so they do not have to go through the procedural issues that the legal heirs of a person who dies intestate has to suffer. Sometimes, people delay in making payments despite delivery of products or services, and legal notices help in recovering such amounts.
You have experience in commercial and international arbitration. Could you elaborate on the significance of arbitration in today’s legal landscape, particularly in resolving disputes related to tax cases, agency disputes, labor cases, and construction claims?
My major experience in arbitration has been at an international level. However, in India also most contract have an arbitration clause. It is a faster, easier and more effective way of resolving disputes and may even lead to settlement in some cases.
As a senior associate and mid-level associate attorney, you have worked in different law firms and legal environments. How have these experiences shaped your approach to representing clients and handling legal cases?
Whether it is an Indian client or an international client, as a lawyer, I am of the view that every client wants three things, i.e. a patient ear, solution to the problem and empathy. If you can give these 3 things to your client, they will always be satisfied. I strive to provide excellence at work, whether it is a small matter or a big case and my goal is customer satisfaction.
In your previous roles, you have drafted various pleadings, conducted trials, and represented clients in court hearings. Can you share a memorable case or achievement that you are particularly proud of?
There have been cases which looked absolutely irreconcilable, but with a will to help people, I have been able to reach settlement in such matters especially domestic violence. I feel proud and satisfied when the truth prevails, like the example of the cases cited above.
As a criminal lawyer with extensive experience, what do you consider the most important qualities or skills that aspiring lawyers should develop to excel in this field?
1. Punctuality and Discipline
2. Knowledge of the law
3. Attitude of accepting whatever work comes your way
4. Confidence and Simplicity in submission.
5. Being precise in submissions, short is sweet as it saves time.
6. Honesty and Integrity towards your client and the court.
In your current role as a senior associate, what are your responsibilities and how do you balance the demands of your caseload while maintaining strong client relationships?
My mantra is to be keep the focus on the issue at hand, examine the law and judgments and accordingly advise the clients. I believe that good legal research is the key to satisfy the clients and the courts and to maintain the equilibrium.
What advice would you give to law students or fresh graduates who are interested in pursuing a career in criminal litigation or any other specific area of law?
Focus on experience to gain expertise and knowledge, money eventually follows. Develop an attitude towards developing an eye for research and skill for drafting. These days, respect is a rare quality, but that is the only quality that makes a person succeed. Most lawyers who are doing well today are doing well because they get work through reference and you get referred only if you are cordial in your behavior with your colleagues.
Finally, based on your experiences and insights gained throughout your career, what advice would you like to give to fresh graduates who are just starting their legal journey?
Work hard and never give up. Develop the skill that makes you special than your counterparts and focus on that skill. Never refuse any work and don’t go after money. When in Court, remember that the only thing in your hand is to give your best shot.
Sir, to start this conversation, can you tell us about your journey and how you ended up becoming a corporate commercial lawyer with a focus on litigation, arbitration, and advisory work?
At the outset, I thank you for providing me the platform to express my thoughts and also a huge thank you to the readers for taking out the time to read this interview. Hope this will provide answers to any questions that they may have.
I am a first-generation lawyer who had no background, guidance or mentor in the legal field. Most of my family, including my father, were government officers working with different ministries and sectors. While growing up I would often see that despite having ample authority in their jobs, they did not have the power to go beyond their employment duties and change the system. This prompted me to chose a career that provided me independence, authority and the means to reform the system. Thus, my initial years in the career right after college were spent practising mostly in the NGT and High Court working primarily on Environmental, Writ, PIL’s and Civil matters. Further, to explore more areas of laws, I switched to Civil, property, consumer, family and some criminal matters. Whilst working on ground, I was exposed to ADR techniques like Mediation and Arbitration. I was immediately drawn towards the aforesaid inexpensive and more efficient methods of dispute resolution. However, I saw that there was a dearth of awareness, skills and resources. That time most of the lawyers and judges were still ill-equipped to deal with complex arbitration procedures and cases. This led me to pursue higher education from a foreign institution to learn more about the practice and procedures as applied around the world.
Upon my return after earning a Master’s degree, I began applying my skills and knowledge to the field and shifted the focus of my practice to commercial litigation and arbitration, which remains my core area and personally, my area of preference.
Thereafter, the advent of the new Insolvency Code and Bankruptcy Code, 2016 (“IBC) completely shifted the legal landscape. Initially, Arbitration replaced litigation as the primary method for dispute resolution but, with the provisions of moratorium, arbitrations were being stayed and kept aside and hence, it become a ‘trend’ to initiate proceedings in NCLT rather than invoking arbitration. Nonetheless, there were many coinciding points in the lifespan of a dispute, wherein insolvency, corporate and dispute resolution laws came face to face. This was the reason that more and more work started coming in from the corporate side as well. Further, as IBC was (and is) in its evolving stage, the joy of moulding and developing the law through my representation before the Tribunals lead to this becoming my main areas of practice.
Therefore, it would not be incorrect to say that it is was an organic process for me to become a corporate commercial litigation and arbitration lawyer.
You mentioned that your practice involves a significant multi-jurisdictional component. Could you elaborate on how you handle cases that involve appearances before the Courts of England, India, and International and Domestic Arbitral Tribunals? What are some of the challenges and opportunities in dealing with such diverse legal systems?
Yes, that is correct. I am presently based out of London and practicing both in India and London. The advancement of technology and the digitalization of the Court systems and hearings has been a catalyst to my practice being spread in different countries.
Initially, I was practising from New Delhi, my hometown and would physically go and appear in the jurisdiction where the case was filed or heard. During those times, the virtual hearings were rare and only allowed in exceptional circumstances to the concerned parties, like a witness being based abroad. Therefore, initially, my practice involved travelling to different states and cities in India along with international travel to the seat or venue of arbitration. However, after covid, almost all of the Courts in India and abroad switched to virtual hearings which provided me the flexibility and ease to appear remotely. Presently, I am appearing virtually in almost all of my cases in India (with the assistance of the local lawyers). On the other hand, I am physically appearing and attending my cases listed in the Courts here in England and Wales.
I would say the challenges and opportunities are two sides of the same coin as one can only get the opportunities if they can overcome these logistical and procedural challenges. When I expanded my practice and relocated to England, it required a lot more hours of work due to the time difference between the countries. I would often get up early morning as per Greenwich Mean Time (GMT) to appear before the Indian Courts which were 5:30 hours earlier (IST) and thereafter, begin my work here in England. Due to the difference in time, I also had to schedule my calls with clients and colleagues in a way that I could keep the two separate and this led to a situation where my work days turned unusually long.
Another challenge that I faced was the difference in practice and procedures between the two countries. It is a common misconception that as India has derived most of its laws from England, they’re mostly the same. Even though the broad concepts are largely similar, the practice in the two countries is very different. Therefore, getting acquainted with the difference in terminology, style of drafting and presenting the claim/defence and also, presentation of arguments before the court initially posed a great challenge. However, with time, this difference has now faded and made things relatively easier. Moreover, I now handle my India & UK assignments separately by allocating different days to each. This provides me ample time to prepare with ease for each assignment.
All things considered, maintaining two different practices requires diligent efforts, extensive work hours and efficient management. Moreover, it also demands you to be socially active. There is saying in our field, especially for litigation lawyers, “out of sight-out of mind”, and hence, it is imperative to maintain and build professional and personal contacts by attending social events like conferences, meetings and seminars.
How does being a dual-qualified lawyer enhance your practice? In what ways has it broadened your understanding of international law and cross-border transactions?
I would say this dual training and qualification provided me an edge over my peers and opened new avenues for me. While studying in India, we were mostly taught about our legal system and how the Courts in India dealt with cases historically and in the present times. However, we were not provided exposure to the functioning of the Courts in other international jurisdictions especially in countries like the USA or the UK who are the founders of some of the modern-day legal concepts and techniques.
The education I received during my masters, filled this knowledge-gap and exposed me to international practice areas. My brief time in the US gave me exposure to how the different jurisdictions in the US, from New York to Florida and California to Washington DC, dealt with the arbitration disputes. I was also part of the very first Mediation scrimmage organised by the American Bar Association and other developmental activities which further enhanced my inter-personal skills to handle disputes in a more informal and personal setting. Moreover, I became more familiar with the functioning of the Courts and Tribunals of some of the most pro-arbitration jurisdictions like Switzerland, Singapore, England and Paris.
The aforesaid exposure, education and knowledge has made me better equipped to advise and deal with international cases and client. Further, I learnt to keep myself abreast with the legal developments around the world that enabled me to come-up with better solutions and reasonably infer the outcomes of the cases.
As an avid writer, you contribute to international journals, blogs, and publishers. How has your passion for writing complemented your legal career? Are there any specific topics or issues that you enjoy writing about the most?
At the outset, I truly believe that legal writing is a necessary skill for our profession and not merely a complementing factor. Our profession requires deep understanding of the subjects. Whilst writing an article, the author has to research, read and understand the past, present and future usage and implications of that particular topic.
My passion for writing developed through my inquisitiveness to read about new topics and concepts. I believe I am still a student of law learning new things every day and therefore, whenever I come across a new concept which is still unknown to me, I am keen to research and read about it. Most of the articles I have written were either new to the world (like Singapore Mediation Convention) or new to me. Therefore, it would be apt to say that this passion increases my knowledge in the field and eventually helped me in the practice.
My topics of interest are mostly based on the new developments in the field of law. In today’s time when there is an abundance of resources and free access, I believe that the historic concepts already have numerous sources and publications. Therefore, my preference is writing about a relatively novel concept, case or practice so as to provide a fresh perspective to the world and contribute to the literary resources.
Could you share with us some of your most memorable or significant cases or achievements in your career so far? What were the key factors that contributed to those successes?
To be honest, all of my cases are personally significant for me as I am 100 % involved in all of my cases whether they become distinguished or not. But few of the cases stand out for me as these are mostly my ‘firsts’ or the cases that brought a change in the system.
Starting with my firsts, a PIL filed by me along with a colleague before the Delhi High Court to term the senior citizens as “co-morbidites” during the covid phase and thereby imposing greater obligations on the state to protect the senior citizens and children during the outbreak of corona virus. Another case that I want to highlight is another PIL filed before Delhi High Court (still pending) turned into a representation by the Court to the State Transport Department, Police and Policy makers. The Petition dealt sought creating a dedicated corridor on all main roads of Delhi providing unrestricted and free movement to all emergency services.
I would also like to mention one of the Arbitration Petitions which was decided by the Delhi High Court in our favour. We had opposed the unilateral appointment of an arbitrator by the opposite party. What made the case landmark was that not only the Court allowed our objection to the unilateral appointment, the Court while considering our objections regarding the invalidity of the arbitration agreement, quashed the proceedings in the same Petition.
The significant ones would involve one of the first cases in India wherein the NCLT, Kolkata had held that personal guarantor’s liability is co-extensive and insolvency process was initiated against the guarantors. There was also a rather unique case before the NCLT wherein I represented the respondent, a leading real estate company who had come face to face with the most renowned business families in India in lieu of an existing debt. Even though the debt amount was disputed, our clients decided to repay the amount during the subsistence of the Petition. The Petitioner disputed the acceptance and sought initiation of CIRP against our client company, however, despite an apparent default, the NCLT was compelled to decide the case in our favour due to the extinguishment of debt.
One of my recent cases that is regarded as landmark is a Writ Petition decided by the Punjab & Haryana High Court wherein the Petition was filed seeking to consolidate more than 100 criminal trials pending before my clients in different cities and towns in the two states. It was the first time ever that any High Court in the Country realising the infringement of the fundamental right to fair trial, allowed the transfer of more than 100 criminal trials before a single magistrate to hear all of these cases together.
With the rapid changes and advancements in the legal industry, what are some of the emerging trends or challenges that you see in your practice area? How do you stay updated and adapt to these changes to provide the best possible legal solutions to your clients?
One of the most prevalent developments and personally, my favourite, is India coming to the forefront as an emerging upcoming seat and place for Arbitration. India has come a long way in terms of its Arbitration practice. India was not regarded as an ideal place for arbitration due to some blatantly incorrect arbitration judgments and several refusal for enforcement of awards. However, India has now evidenced its pro-arbitration approach by taking steps in the right direction. From ease of business to establishment of International Arbitration Centres and facilities are all beneficial for India to emerge as a choice of seat for arbitration. Further, the ease of restriction for foreign law firms would also provide some respite to the international practitioners that weren’t earlier keen to set up their offices in India.
India being the fifth largest economy in the world, is now being viewed by the world as an upcoming player in the field of arbitration.
I stay abreast with the new developments by reading legal articles, publications and news. The legal field per se does not have many resources for reporting latest developments and therefore, I follow a handful of genuine journals and news services that keep me up to date. I also try and stay active in the professional circuit by attending major events and conferences. Often times, new concepts are discussed and presented in these events to gage audience’s reactions and that also provides a first mover advantage in terms of being familiar with new developments. But most importantly, the best legal solutions are often developed by discussing with colleagues and seniors in the field. It is really important to gain different perspectives before finalising a strategy and that is what I do. When there are complex issues, I seek additional advice and sometimes seek experiences of the lawyers who have been in similar situations to create creative and helpful solutions for clients.
Finally, looking back at your journey as a lawyer, what would be the one piece of advice or words of wisdom you would like to share with fresh graduates who are just starting their legal careers?
I do not consider myself to be a person who can give “words of wisdom” rather I’d be happier sharing my experiences. One mantra that I know definitively works in our field is “Consistency is the key”. I can say from experience, good or bad, happy or sad, if a person walks even one step forward that’s progress! So, somebody who is determined to succeed should not forget to keep walking and working as Rome was not built in a day and it was turtle who won the race and not the rabbit.
Was pursuing law planned or did it all happen by chance?
I would say it was planned for as long as I can remember. When I did not score the desired rank in my CLAT examination, I decided to do law post-graduation. I studied B.Com (Hons) at Shaheed Bhagat Singh College, Delhi University and thereafter, took admission in Campus Law Centre, University of Delhi. I have always been inclined towards litigation and so far I think it is working out well for me.
Please enlighten our audience about the initial struggles in your career and how you managed to overcome them?
I have been very fortunate both in terms of having the absolute freedom in my career choices and finding the right opportunities. I started my professional journey with Wadhwa Law Chambers as an IP Associate.
Despite working in a relatively niche field of law, I was exposed to all kinds of work ranging from general advisory, commercial litigation to transactional work. Additionally, smaller teams ensured significant contribution in every matter.
I just feel that as a first generation lawyer there is certain lack of insight or clarity one has in figuring out their career goals. That being said, everyone has different journeys and law being the dynamic profession it is, every opportunity irrespective of the organisational structure or area of practice is worthwhile.
The only major struggle for me (as well as my peers) has been to achieve a work-life balance, which generally becomes impossible in smaller set ups. This problem is also supplemented by our own deep-rooted conditioning and seeking validation in overworking. I think having a healthy professional relationship with your senior(s) is significant in resolving any such workplace issues.
What are the most important considerations to keep in mind when dealing with IPR and Tax issues?
That’s a very wide question given the range of IP rights and Tax statutes in India.
To answer it briefly, I would say insofar as IPR is concerned, understanding the overlap between various IP rights is extremely important. Additionally, in any intellectual property issue, whether litigation or transactional, the foremost consideration is determining the scope of the IP right involved.
Again, taxation has a very wide domain. While having a basic understanding of the tax implications, statutory timelines and compliances is a prerequisite to any tax dispute, one needs to be updated with the ever growing developments, jurisprudence and amendments. Circulars, Press Releases and Notifications also assume a significant role in understanding taxation issues.
What are the most prominent challenges that you have come across while dealing with Tax and IPR Transactions?
Both Tax and IPR happen to be slightly technical fields and as such breaking down the legal issues is always a challenge. Lack of substantial precedents with relatively new enactments such as the GST Act poses another challenge. For that matter, even the concepts of Design law are still not well-settled in India.
Deepika, how do you ensure that clients’ intellectual property is adequately protected, and what are the basic compliance procedures one has to work upon?
I have personally witnessed a growing awareness about the importance of intellectual property (particularly trademarks and copyright) amongst upcoming business and entrepreneurs. Brand protection is finally being considered paramount amongst businesses, who not only seek to protect their brands but also understand the legal consequences of intellectual property violations.
The basic idea is to start early and secure statutory protections. The importance as well as effectiveness of IP Prosecution cannot be underestimated.
What are the most common mistakes you see businesses make in IPR nowadays?
Like I said, businesses, irrespective of their size and operations, are increasingly becoming conscious of intellectual property rights. However, not acting early enough both in terms of protection of one’s IP rights and initiating actions for any infringement/violation poses significant problems.
Besides this, businesses need to be extremely wary of loosely-worded agreements whether it be licensing, settlement or even employment contracts insofar as they pertain to ownership of the IP rights.
What resources do you recommend for staying up to date in law? Any blogs that you always keep an eye on?
Insofar as the general and daily legal updates are concerned, dedicated legal news resources such as Bar and Bench and Live Law already cater to a significant audience which even includes non-lawyers/legal professionals.
For developments in the field of IP law, I find SpicyIP and IPWatchdog very interesting. For that matter, LinkedIn has now become a great source for legal updates. More often than not, I find myself looking for a case law on LinkedIn because I recall scrolling past something familiar on the platform. What is really great about LinkedIn is that its not just independent practitioners or firms sharing daily updates but law students having an inclination towards IP.
If your university or office have a PTC subscription, I would always recommend skimming through it.
Deepika, you’ve been quite active in these IPR dealings, but lately we are witnessing the evolution of Metaverse and NFT, according to you how will it affect the legal industry?
I feel with every technical development/evolution, comes in the legal disputes. Internet and e-commerce have opened floodgates of litigation with IP disputes constituting a major chunk of it. Similarly, copyright and trademark issues particularly, one concerning the ownership of such IP rights in NFTs seems imminent.
“As dependency on tech and AI will increase, issues pertaining to security and privacy will also witness an increase”, please throw some light on this statement.
That goes without saying. Digital footprints and access to personal data invariably leads to security and privacy concerns. While it is impossible not to move along with these technological developments, we will have to educate ourselves of all the possible repercussions.
Just last week, there has been a lot of discussion on privacy issues concerning the Lensa AI mobile app which is being used by several celebrities/influencers across social media platforms for sharing their AI generated “avatars”.
Any 5 best pieces of advice that you would love to give to our readers?
Well, here are the five takeaways from my experience so far:
–Constantly reassess your growth and goals.What gives you work satisfaction today, may not tomorrow.
–Insofar as possible, work on all sorts of matter and donot pigeonhole yourself.
–A law degree does not necessarilytranslate to litigation so explore your avenues.
–Professional work ethics and accountability goes a long way.
–Lastly and most importantly, break out of your legal circle every now and then. Meet your non-lawyer friends, engage in discussions about anything but law. The idea is to expand your horizons and avoid the burn out.
Coming from a business background, how did you gravitate towards the law? What other career would you have chosen, if not law?
From my early days, I was intrigued by the corporate world and wanted to be a professional instead of continuing my family business. As part of career counselling, law was identified as one of the professions’ I had the skill set for, maybe, due to my problem solving and persuasion skills. My parents always encouraged me and gave me full freedom to pursue any career of my interest. They supported me in all ways when I decided to pursue law as my career. Since my childhood, I was inclined towards computer games and also had an imaginative mind. So, if not law, I would have enrolled myself in a game designing course.
It is said that getting a mentor is the first step towards attaining success. How true do you think the saying is? Do you think a mentor plays a crucial role in the growth of a person? What type of mentor would you suggest for a law student?
I completely concur with the above saying, indeed I was lucky enough to get mentors in my life who had seen more talent and ability in me than I myself would have seen and helped in bringing out the same. They gave me an opportunity to work and assist them on big-ticket and complex transactions at a very early stage. I was made part of each and every phase of the transaction from the very beginning of my career so that I could learn in its entirety. I truly believe a saying that mentoring is a brain to pick, an ear to listen and a push in the right direction. In my view, every law student should have a mentor who is approachable, non-rigid, a good listener, non-judgemental, eager to invest in others, able to give honest and direct feedback. I am also fortunate enough to become a mentor for other law students now by becoming a mentor at Mentorology.
Litigation is notoriously time consuming and unpredictable. What changes according to you should the litigation sector imbibe to truly turn into the fundamental learning place for an advocate? Is struggling in the litigation sector worthy of effort?
In my view, one of the perennial reasons for excessive delay in delivering judgements is the ease of adjournments. Although Supreme Court had advised and Civil Procedure Code has enough provision for the imposition of realistic costs for every adjournment, costs are rarely imposed and therefore, litigants and their counsel think nothing before asking for an adjournment. Further, the registries of the courts are tasked with the judiciary’s administrative functions. Administrative support functions needed by the judiciary, identification of process-related inefficiencies and advisory on legal reforms, should be delegated to a specialised professional agency that has administrative expertise, specialisation, modern management practices and technologies. Also, a massive house-cleaning exercise in every single court to identify cases that are infructuous or not worth pursuing will surely reduce the pendency of legal cases. Indian legal system is also required to adopt technology and artificial intelligence in every phase of functioning.
Most of us struggle with pursuing different courses at a time but you pursued the Company Secretary course and Master in Business Laws while you were pursuing your law graduation. How did you manage to pull it off? Can you tell us a bit about your study pattern, and would you like to share a few tricks to ease the learning?
The mantra I always used to sing while studying is to read as much as possible and re-read it at regular intervals. Always remember, play when you play and study when you study. Being focused in every moment is very important and challenging at the same time in today’s age of cell phones and tablets. Underlining keywords with different colours and complementing the study notes with mind maps will surely reduce the time in memorising the legal concepts. One should also inculcate a habit of reading bare acts, being the holy water of law, and judgements from college time itself.
You worked for almost 9 months as a Paralegal at ARA LAW, a boutique law firm and later you were handed a PPO. Can you share about your job responsibilities of both while you were a Paralegal and later on when you landed the job?
I was never a morning person until I joined ARA LAW and used to reach the office an hour early. Every day before office hours began, I used to read the latest updates to existing laws, important judgements, legal news, etc. and used to discuss the same with my seniors, as keeping abreast with the rapidly changing corporate legal environment is essential for any lawyer. As a paralegal, I also used to research, attend and take notes of the calls/meetings, proofread agreements and make summaries of agreements/documents provided by the target entity for due diligence purposes. I have always believed in doing work diligently and sincerely without thinking much of the outcome. My work spoke for me and as a result, I was offered PPO by ARA LAW. As a lawyer, I used to assist my seniors in drafting and revising the transaction documents, preparing the due diligence reports, drafting legal opinions, etc.
Can you tell us a bit about your current job role and responsibilities?
As a transactional lawyer, I wear several hats in the process of working through a deal i.e. an advisor, mediator, negotiator and drafter. I provide advice on matters relating to M&A, strategic alliances, regulatory aspects, etc, prepare reports and opinions on diverse corporate matters relating to Companies Act, FEMA, SEBI regulations, stamp duty, etc., handle legal due diligence exercise, negotiate the transactional documents, drafting, vetting and execution of all the transactional documents. One of the biggest challenges and at the same time, most exciting aspect of M&A practice is that your schedule is exceptionally uncertain and highly variable in terms of intensity. I am fortunate enough to lead a team of associates who are extremely capable and flexible enough which makes my life easy when we are faced with an accelerated deadline.
You have led several acquisition deals like Patanjali’s acquisition of Ruchi Soya, acquisition of Innov8 by OYO, Lemon Tree’s acquisition of Keys Hotel and more. What were your key experiences/takeaways from these acquisitions?
The sound understanding of commercial and business complexities besides the legal intricacies of a long-drawn M&A transaction and precisely communicating the same to the client as well as the other side while negotiating the deal is a bedrock skill that cannot be dispensed with. Further, a corporate lawyer is expected to think and reach with the same sense of adventure as that of his client as in the corporate world, there is no decision making without an element of risk. At times, in M&A transactions, you are faced with seemingly insurmountable obstacles wherein you have to train yourself to not merely focus on the specific issue at hand but also you have to consider every possibility, never being dismissive of anything and think out of the box to steer your client through the M&A deal. Further, we need to be highly responsive to clients and comfortable with interweaving work and personal life because of the technology we have today.
What will be your parting message to our young lawyers?
I have heard several times from young lawyers that they ‘do not understand’ their seniors or ‘have no idea what is going on’. Bizarrely on the same knot, they also shared that they do not address their queries and issues with their seniors. Establishing an open channel of communication with seniors would certainly help you in setting the work environment straight. These seniors can also show you the ropes and take you under their wings. As young lawyers, we are often driven to learn as much as we can and as fast as we can. Blinded by the thirst to improve, often we find ourselves volunteering to take on voluminous tasks which we may not be able to execute effectively. In case you find yourself in such a position, speak to your superior in advance, instead of attempting to move mountains in a short span of time. At the same time, remember always that the grind in the early years will pay off in the long years ahead in your practice. Focus all your energy on working hard. Attention to detail is also indispensable for any corporate lawyer as small mistakes could significantly cost a lot to your clients (and your organisation) and therefore, it is an absolute must for you to work on this quality from the start.
Justice Desmond D’Costa is the Principal District and Sessions Court Judge, South Goa, graduated in law from G.R. Kare College of Law in the year 1982 and answered his Judiciary Examinations in 1992 and has been a judge for the past 24 years. He possess an experience of over 34 years in the legal industry and encourages the students participate in various activities in order to get more experience. His main goal is to serve the society. This Interview was conducted by Dietrich Almeida of GR Kare College of Law
IN THIS INTERVIEW HE TALKS ABOUT:
What motivated him to become a judge
Serving for the cause of justice and bringing justice to the people
Legal Education
The Indian Judicial System and
His advice to law students intending to join the Judiciary
1. HOW WOULD YOU INTRODUCE YOURSELF, GIVEN THAT MOST OF OUR READERS ARE ASPIRANTS OF LAW AND SERVICES, LAW STUDENTS AND PROFESSIONALS?
I am the Principal District and Sessions Court Judge Desmond D’Costa. I graduated from G. R. Kare College of Law in the year 1982. I’ve been an advocate for 10 years before I answered the judiciary exams in 1992. From 2002 to March 2016, I was an Additional District Judge. I’ve been a judge for the last 24 years. So you can say I’m a follower of law. It has been 34 years since I’ve done my law. In a way you can say I live law, I breathe law, we don’t eat law but we live and breathe law.
2. WHAT WAS YOUR LIFE LIKE AFTER GRADUATING AND HOW DID YOU BEGIN FOCUSSED PREPARATION IN ORDER TO ACHIEVE YOUR GOAL?
Like I said I graduated in 1982 and my objective was to serve the cause of justice. So I practised as a lawyer for several years and then when there was an opportunity to join the judiciary I applied for the post of a judge. And I was selected as a judge in 1992. And ever since that time I’m trying to see in what way I can serve the society such as deciding cases as quickly as possible and not keeping matters pending. We always criticize the system, but in joining the system and doing my contribution that’s the way I achieved my goal.
3. ALONG WITH YOUR HARD WORK AND CAPABILITY, WHICH INDIVIDUAL WOULD YOU LIKE TO ACCORD CREDIT TO IN ATTAINING YOUR GOAL?
When I became a judge I and my fellow colleagues used to interactions among ourselves and at the end of the day we would sit together and discuss our problems. So you can say my fellow colleagues, my fellow judicial officers are the people I give credit to. Like we always used to share as the saying goes “Knowledge is only a drop in the ocean”, you can read books but sometimes you might not be able to grasp it or remember it but what you get from discussions with your colleagues and sometimes even with lawyers is entirely different. We used to share experiences and in this way improve and sharpen our focus and sharpen our law.
4. WHAT WERE YOUR AMBITIONS BEFORE JOINING LAW AND WHAT LED TO YOUR INCLINATION TOWARDS LAW?
Firstly, I don’t come from a family of lawyers. So when we were students we used to always see injustices all around us. So many students used to fight against injustices. Once you get involved in society, advocates now make you go for legal aid clinics so you see the trouble that people face. And sometimes cases don’t get over and people are frustrated with the system. There’s a lot of distrust and disgust in the system, that is what we felt and thought, let us see in what way we can contribute to put faith in the system. My experience with the student’s movement and tackling different social issues at our level as students made us interested in seeing in what way we could mould the law to bring justice to the people.
5. DO YOUR FEEL THAT IN INDIA THERE IS STILL A BIT OF RESISTANCE TOWARDS LEGAL EDUCATION?
So what they say is that the legal profession doesn’t have green pastures, like a student who does his engineering or medicine they start earning immediately. But now of course in Indian law schools such as national universities, students who study there get very good positions. But in Goa, advocacy implies once you are qualified in law and start practicing, for 4- 5 years you have to attend the courts and see the how it functions. Thereafter, by the time people have confidence in such a lawyer, which is very important as no one will entrust a case to you unless he is sure that you’ll win the case for him, it is what’s called a long gestation period. No doubt that some new graduates who come out of law are well experienced by attending courts and they know most procedures and that is why they are able to start practicing immediately but then you have to be with a senior counsellor. Nowadays judgements are easily accessible over the internet but then to win people’s confidence you have to chisel or polish yourself into a well rounded professional which only experience gives you.
6. WHAT MOTIVATED YOU TO APPLY FOR JUDICIAL EXAMS?
Well, I never had a wish to be a judge. As they say life is an accident. So, along the road of life, after I became a lawyer, I continued supporting people for the causes of justice as I’ve said before instead of throwing stones at the system as I felt that it is better to join the system and try to be the change. That’s when I applied for the judicial post and completed my exams. I think that I cannot be a judge by myself but I am a part there in the judiciary.
7. PEOPLE HAVE A TENDENCY TO IGNORE MOOTS, DEBATES AND EXTRA CURRICULAR ACTIVITIES IF THEY WANT TO GO INTO JUDICIARY OR CIVIL SERVICES. WHAT DO YOU THINK ABOUT THIS?
This is very true because ultimately what happens is that the lawyer has to develop self-confidence. Further, knowing the law by heart and having academic knowledge but not being able to put it into use is of no utility because ultimately law is to be applied in day to day events and to solve the problems and issues in regards to which your clients will come to you. You have to know the remedy and tell them how to tackle their problems. And all this comes partly from experience by participating in moots, debates and extra-curricular activities makes you an all-round citizen.
It also gives you a social exposure and makes you more practical. There’s a vast difference between the law written in the books and law in practice. Only when you take part in moots, debates, only then your skills sharpen and your outlook broadens. Take the example of a frog in the well in this regards, the size of the sky for the frog is only the small blue part that he can see. So in order to see the whole blue sky he has to come out of the well. In other words, every student should come out of the well and have a broadened approach. He should not be confined to the walls of his room or library but he has to go out and take part in skits, legal aid clinics, speak to people and also learn their language because in the classroom we speak in English but with clients you have to speak in the local language. Therefore, moots, debates and extra-curricular are very important.
8. HOW IS A TYPICAL DAY AT WORK LIKE?
A judge’s life is 24×7. We hardly have time. And at the end of the day I try to finish the work I have for the day by reading the files and avoiding postponing the dates of judgment. We have to keep on reading. There’s no time to breathe but of course I enjoy it. I would try to do what’s best for the system. The better equipped you are with knowledge the greater use you can put into society. A gain in our knowledge helps us to be more efficient in our work.
9. DO YOU FEEL THAT THERE IS A NEED TO IMPROVE ON THE SYSTEM OF DELIVERING JUSTICE?
The Indian judicial system is a system which is so overburdened, the backlog of cases are clogging the wheels of justice. That’s why people say once you enter into the court your life is finished. In India we have a lot of law commissions which keep on saying that the proportion of judges in India presently is 50 per million. So a number of law commissions have recommended that they increase the number of judges and increase the number of courts. This is one of the main reasons for the big backlog of cases. In the last few years, the Supreme Court on their own have been taking the initiative and has been acting as a motivating factor. That is why we have bought in arbitration, mediation, conciliation and negotiation. We also try to have more lok adalats. Now every month we have got a national lok adalat. We are trying to use alternate dispute resolution techniques, (ADR). So in this way we can at least convince people and try to settle disputes. So delivery in justice in the system can occur only if there’s quick delivery of justice, now because of the back log in cases, because of shortage of courts, there’s more and more cases that are piling up. Then the procedures that we have are so lengthy and every order is challenged in the higher court and this is also one of the reasons for delay in justice. So now we have fresh blood coming into the system and the country itself is a country of youth let us hope that they bring a change.
10. WHAT WILL BE YOUR SUGGESTIONS TO OUR READERS WHO WISH TO JOIN JUDICIARY? WHAT ARE THE ESSETIAL QUALITIES ONE SHOULD CULTIVATE?
To join the judiciary is in itself very challenging. A judicial post is not so lucrative, so, if you’re looking to becoming a millionaire than you shouldn’t be a judge but if you want to live and feel like you have some responsibilities to the society and want to give back to the society then it is the proper choice.
To be a judge you have to develop and be balanced in your approach, be open to criticism, put in a lot of hard work and you have to have qualities of being a good human being, believing in good values such as honesty. These days not only in India but throughout the world there is a lot of corruption in public life. Corruption in public life in India is becoming a major challenge. So a judge is supposed to be an epitome of honesty and have good basic values because ultimately we are all social animals, so we have to see in what way we can improve our society. That’s what I tell some of my friends. If you remember that famous poem by Robert Frost, Standing in the woods of a snowy evening, in which he says “the woods are lovely, dark and deep, but I have promises to keep, and miles to go before I sleep and miles to go before I sleep…” this is very inspiring as he says we have a lot of promises to keep. Keep this as you’re motive and you will be a big asset to the society because ultimately everyone thinks about himself first but it is not that we should be selfish but also think about others.
