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  • Nitika Mehra, Associate Manager, Jindal Stainless Steel, on litigation, corporate law and work-life balance

    Nitika Mehra, Associate Manager, Jindal Stainless Steel, on litigation, corporate law and work-life balance

    Nitika Mehra graduated from Symbiosis Law School, batch of 2010. Since then she has worked at D.K. Sharma and Co. and HCL Infosystems Ltd. She is currently Associate Manager at Jindal Stainless Steel. Her role involves reviewing , drafting and negotiating varied contracts such as Service Agreements, Authorized Service Provider Agreements, Procurement Agreements, Reseller and Distribution Agreements, Software License Agreements, End User License Agreement, Transport and logistic Agreements, Annual Maintenance Contract and Warranty Agreements, Teaming Agreements, Agreement CUM Orders, among others.

    In this interview we speak to her about:

    • Transitioning from litigation to corporate law
    • Striking a balance between work and home
    • Her plans for the future

     

    How would you like to introduce yourself to our readers?

    “In search of knowledge it all began and found refuge in finding always something new, till the time came for me to realize that the true wisdom is only known to a few.”

    I am a very ordinary human being trying to appreciate the extraordinary in all of us, reaching out each day to live life like a dreamer, a lawyer, a girl, a woman and most importantly, a good human being.

     

    Tell us a little about your time in Symbiosis Law School.

    My time at Symbiosis was enthralling. It helped me shape my personality and gave me a broader perspective on life. At Symbiosis I met some great people who very quickly became my friends and are very much like family today.

     

    Are there any lawyers in your family?

    I come from a business family, I am a first generation lawyer.

    What sort of activities did you participate in while in law school? Were they mainly academic in nature?

    Symbiosis Law School is not a college where one would learn from the text books alone, but also through the co-curricular activities. I took part in debates, story writing competition, Model United Nations Assembly, essay writing competitions, throw ball competition etc. My batch mates and I started a legal aid cell called “Kilkari” to help underprivileged children and took part in a workshop in OSHE (Occupational Safety, health, environment science).

     

    What field of law are you most interested in?

    I am interested in Corporate Law. After approximately two years of litigation, I wanted to try corporate. To me corporate was a better match for my personality and what I wanted out of my career. Transactional work appealed to me as I was attracted to its complexity, and I felt that the skills and knowledge I would acquire were more tangible. I realised that corporate law is a vast field with its own niche, providing an individual flexibility to choose from the sub fields one wants to excel in.

     

    Talk to us about the transition from student to working professional.

    The transition from a student to working professional was very different and initially difficult as well. From being a graduate to being entrusted with responsibilities of cases such as civil as well as criminal was a challenge. However, it was not an impossible task. With the right amount of effort, hard work and a positive attitude one can achieve a lot. It did not take me much time to realise that the practical is very different from the theoretical taught to us and with the amount of reading one needs to do as a lawyer, they are always on their toes.

    As a student one starts off with limited knowledge and understanding however as you grow and years pass one develops the understanding of their field of practice. Since I have litigated in the formative years of my profession, I have a better understanding of the contracts as well. While negotiating or drafting, I am well aware of the actual practice and the repercussions of the clauses in case of litigation. Thus it makes it easier to foresee the consequences of a clause in a future dispute.

    What does a typical day in the office look like for you?

    A typical day would be a mix of reviewing and drafting contracts along with negotiations with respect to the contracts. Support to the cross functional teams in understanding the transaction from legal point of view as well as everyday advice/responses on the queries of the business. Apart from this my profile also involves apprising the external advocate on the cases, reviewing the plaints/submissions/ written statements and other legal documents drafted by the external counsels, actively involved in briefing the senior counsels, as well as court visits.

     

    If you weren’t in the legal field, what other profession do you think you would have taken up?

    If I were not a lawyer, I would be a life coach or a business woman. Coming from a business family, I was intrigued by the fact that law played the basis or an important part of almost all professions. Before starting any new venture or expanding the already existing one, one needs to check the legal modality of that venture. Upon my interaction with the existing lawyers at that time, I realised that in the coming years an effective legal department will prove to be the backbone of a company, as well as help in risk mitigation.

     

    Why did you switch from litigation to matters pertaining more to contracts and companies?

    I am a person who believes in hard work but I also believe in work-life balance. During my time in litigation I realised that it was difficult for me to balance my hobbies while litigating. Even though my professional life was booming, my personal life had taken a backseat and I was not able to devote much time to it. Hence I decided to choose an in-house counsel over litigating counsel. As an in-house counsel along with the reviewing, drafting and negotiating contracts I get to engage the services of an external counsel who litigates in the matters with respect to the company I am associated with. An in-house counsel is an interface between the company and an external counsel, which pretty much keeps you in touch with the litigation (only with respect to the company though).  One is also required to review the legal documents drafted by the external counsels, however, in some firms the legal documents are drafted by their in-house counsel itself.

     

    In your opinion, what are the skills and qualities that have helped you reach where you are?

    A combination of certain skill sets are required to excel as an in-house counsel such as the ability to see things from the business perspective, strategise and anticipate risks for the company, strong communication skills as one needs to connect to a variety of audiences, from external stakeholders to the heads of different departments or colleagues from other functions. Also, there is a need to communicate complex legal terms in layman terms, as well as explain legal concepts and limitations relevant to the tasks at hand.

     

    What are some goals that you’ve set for yourself in the professional sense?

    The professional goals that I have set in for myself are to expand my domain further by enhancing my knowledge on laws of other countries and take part in international negotiations.

    On the personal front I do a little charitable work such as educating people of their rights, donating blankets etc., however, I would like to provide a platform to the destitute to learn and display skill based knowledge and help them in attaining employment.

    Where do you see yourself in five years?

    In five years I see myself starting something of my own wherein I would be able to give back to the society and provide employment to people.

     

    Is there any message you would like to leave for our readers?

    Your career will be over before you know it. What do you want it to look like in twenty years? 30 years?  Do you want to be known as a person of integrity, a person who keeps his/her word? A person who follows through? Please ask these questions before making any decision, figure out your ultimate goal.

     

  • Anas Tanwir Siddiqui, Advocate, Supreme Court, on enabling access to justice, heading the Legal Aid Committee, and practising in the Supreme Court

    Anas Tanwir Siddiqui, Advocate, Supreme Court, on enabling access to justice, heading the Legal Aid Committee, and practising in the Supreme Court

    Anas Tanwir Siddiqui graduated in law from RMLNLU, Lucknow, batch of 2012. He has since then served as Convener to the Legal Aid Committee, working in areas of free legal aid, RTI, infocracy, child rights, consumer protection, juvenile justice, etc. He is currently advocate at the Supreme Court of India, with over four years of litigation experience. A first generation lawyer, Siddiqui believes that enabling access to the legal system lies at the core of his practice. He has also just begun independent practice.

    In this interview we speak to him about:

    • Deciding to pursue law despite family pressuring otherwise
    • His life, curriculum and extracurricular engagements in RMLNLU
    • His tremendous contribution to the Legal Aid Committee, and setting up a paralegal system of assistance in his university
    • His belief that at the core of litigation lies the intention to enable access to justice for all

     

    What would you like to say to our readers in the manner of an introduction of yourself?

    I am just a struggling lawyer who has faced and is still facing all the struggles that a young lawyer faces during his initial days.

     

    What inspired you to take up law? Did you have to deal with any resistance from family or friends while making that decision?

    Law was never really my first career choice. As any other teenager, I was pressurized into taking science at 10+2 level. So I also opted for PCB and as a natural progression I appeared for medical entrances, couple of which I miraculously cracked as well. However, I was never really interested in becoming a doctor. My family, especially my mother and my uncles, were really supportive, although my father had his apprehensions. The main idea behind opting for law as a career choice was that it gave me the freedom to read and know everything. A law student is never limited to reading law only. Law as a course satisfied my intellectual craving.

     

    Tell us about your life as a law student at RMNLU.

    Life in RMLNLU was more fun than work. I was never a studious student. However, law school gave me a platform which shaped my personality. When I entered law school there wasn’t much “law school culture”. As we were the second batch and the admissions were not through CLAT back then, the law school culture was absent. There wasn’t any mooting culture or any co-curricular activities. I had resolved from the very first day in RMLNLU that I will utilise every opportunity that this place provides. Much credit goes to La Martiniere Boys’ College, Lucknow, also for giving me the confidence to take initiatives. So with time things got streamlined and RMLNLU was a strong force among the law schools. We were fortunate to have some really good faculty like Prof. A.P. Singh, Prof. K.A. Pandey, Prof. Manwendra Tiwari, etc. The then Vice Chancellor Prof. Balraj Chauhan was also very supportive of the students. We started participating in mooting activity without much guidance. We learnt from our mistakes. In a nutshell, the life at RMLNLU gave me the confidence to lead and be vocal about my opinion.

     

    What are the causes you feel strongly about? How have you used you legal expertise in working towards them?

    So when I was forced by my father to leave Lucknow and practice in the Supreme Court, he asked me to be a means for the poor to access the highest court of justice. He told me that I should never say no to a brief just because the client cannot afford to pay fees. I myself having been involved with the free legal aid movement felt strongly about the same. So today most of the cases I fight are for those who generally don’t have the resources to access the justice system. I frequently represent the people declared as foreigners by Foreigners Tribunal in Assam. I also feel very strongly about the arbitrariness of government or its failure to control the fringe elements hell bent on destroying secularism in our country. Same is my view about the nepotism that is prevalent in the judiciary even though I myself belong to the same fraternity. So in this regard I have filed, strategized and appeared for causes pertaining to the same.

     

    Throughout your time at college you have enjoyed authoring essays and papers. How did you find an affinity for legal writing? How do those skills help you in your career today?

    The affinity for legal writing stems mainly from my interest in literature. I read a lot and a natural progression of reading a lot, is writing. Honestly, most of the essays and papers authored by me were more because of the pressure from a friend or for building up a strong resume. So the skills that I developed in law school now help me in drafting. Before becoming independent I have worked with three Advocates On record. The major part of the job profile while working as a junior to an AoR is drafting and this is where my prior experience of legal writing came in handy. Also, before writing any article or essay one needs to think a lot on the issue along with researching, these two skills are very important while drafting an SLP or Writ.

     

    You have participated and placed in several MUNs, moots and held several organizational positions during your time at law school. What did you learn from these activities?

    Mooting taught me to think like a lawyer and it took out the fear of public speaking or appearing before courts. In moots as well as in courts, you need to have spontaneity, an ability that developed due to my participation in moots and MUNs. I was lucky that I got the opportunity to appear before the Supreme Court in my initial days and I was not hesitant about arguing a matter anywhere. As far as holding organisational positions is concerned, I learnt leadership as well as being a team player from the same. The underlining factor of my participation in different committees was the idea of giving back to the institute. Any educational institution is known by its students and it was just a duty upon us to take RMLNLU forward and create a brand.

     

    What do you think the present status of legal aid is in India?

    (Anas has served as convener to the Legal Aid Committee for three years, working in areas of free legal aid, RTI, infocracy, child rights, consumer protection, juvenile justice, etc. )

    Last evening I had a chance to watch the video directed by Prakash Jha promoting legal aid in the country. NALSA is reinventing itself and is doing a great job. Having said that, it is very disturbing that most Indians even today don’t have access to justice. People are scared of going to courts or dealing with lawyers. This issue needs to be resolved and it can only be done by making people aware of their rights. My initiative was mostly inspired by the fact that as a kid I used to attend the legal aid clinics organised by various District Courts in Uttar Pradesh under the aegis of UPSLSA. My father was also a member secretary and their motto was “Nyaya chala Nirdhan se Milne”. I was greatly helped by Justice Sudhir Saxena who was then the Member Secretary of UPSLSA when we were trying to establish the Legal Aid Committee. As far as students’ contribution is concerned, I am really happy to announce that the Legal Aid Committee at RMLNLU has started a paralegal program and many students have joined the same. They sit at the assigned place right outside the university campus daily and provide legal aid to the needy. If the same model gets implemented in all law schools, it could be revolutionary.

     

    Could you share with us some of the highlights from your experiences as an intern during your legal education?

    I was lucky to intern in three major sectors like NGOs, corporate houses and litigation. The three sectors are very different from each other. While interning at Aman Biradri, I got a firsthand experience of the suffering of the street children. During my stint under Mr. Yashowardhan Swarup, I learnt about the intricacies of litigation, especially how to deal with a client.

     

    What motivated you to choose litigation over your other options?

    I am very old school. Litigation was my first choice. I firmly hold the belief that litigation is a service, and not a business. The idea that my skills can be utilised for those who have no access to justice was in itself a great motivation.

     

    As a litigating lawyer having worked on several cases, could you share with some of the judgments you have read that have shaped you as a lawyer.

    It may sound clichéd but the minority judgment of Justice H.R. Khanna in the ADM Jabalpur Case had a profound influence on me. Another Judgment that I find to be of great motivation is that of Brown vs. Board of Education, a judgment rendered by the U.S. Supreme Court ending racial segregation in educational institutions. Apart from judgments, two books that I feel every lawyer, especially young lawyers must read is Roses in December by the inimitable M.C. Chagla and Before Memory Fades by living legend Fali.S. Nariman.

     

    The first few years after graduation are considered to the most challenging . How are you coping with these challenges?

    It’s true that the first few years after graduation are most challenging especially if you’re in litigation and are living away from family. I remember travelling in DTC buses for two years and trying to cut expenses. Work is hard to come by, money even harder. Also, law school is a very protected environment whereas the world outside is harsh. Survival is a challenge. I have seen my friends and colleagues leaving litigation for good in their initial years. The only way to cope with these challenges is by constantly reminding oneself of the objective that one has in mind. One must also not let anyone dissuade you from your aim. When you enter litigation you earn much less and work harder than your friends working in a law firm or a corporate house. It becomes difficult to not give in to frustration and despair. One must remember that patience and perseverance is the key.

     

    You have argued before the High Court and Supreme Court.  How do you prepare yourself before an appearance?

    I read. I read my brief at least two to three times before standing at the bar. Also one must learn from what to say and even more importantly, what not to say in court. This is something that only comes with experience. Also one must always prepare case notes and do independent research beyond what is given in the brief. The art of advocacy is very much like acting. You need to get into the shoes of your client. You need to imagine all the possible queries from the bench. In the Supreme Court, you don’t get much time to put your point across so you must be very careful while choosing your opening lines.

     

    What has the experience been like working at the office of Adv. Ejaz Maqbool?

    Ejaz Sir was my first senior. He is known to be a hard taskmaster. He was very particular about grammar and I learnt whatever little drafting I know from him. He believes that the only way to work is by actually doing work, which is why he would often push us into difficult spots, just so we may learn in the process. I was lucky to have been a part of some very important cases like the Sohrabuddin Encounter case, Gujarat Lokayukta Case, etc. Ejaz Sir’s office is rife with opportunity.  Most importantly, I was lucky to have some really good senior colleagues who taught me a lot. I owe to them much more than I owe anyone in the profession.

     

    Tell us a bit about the nature of work you did at the office of Adv. Fuzail Ahmed. What does a typical work day look like for you?

    Fuzail Ayyubi’s office was like a home to me. I worked there for more than three years. Fuzail Sir’s office gave me the freedom and confidence to trust my work. Also the variety of work there was a huge factor in developing my legal acumen. I have never seen a lawyer as calm as Fuzail Ayyubi. In my three year long stint in his office I rarely saw him angry. A typical work day started with going to the Supreme Court to attend the matters and coming back to office and working on the matters to be prepared and drafted.

     

    Congratulations on starting your independent practice as of 2017! What prompted you to take that step?

    It was the motivation of Fuzail Ayyubi and support of Mr. Sanjay Hegde, Senior Advocate, that gave me the confidence to start my independent practice. Sanjay Sir has been really magnanimous to let me operate independently from his office under the British Chamber System. This is a very novel experiment that he is conducting and is a really good opportunity for young lawyers like me. I have been practicing exclusively in Supreme Court for a long time and now I intend to practice in other courts and tribunals. I will continue with my social justice litigation alongside commercial litigation and arbitrations.

    What would you like to say to our readers who are mostly students and young lawyers, as a parting message?

    To students I would like to say that the opportunities that you get in law schools shape your personality. Do everything that law school offers. Participate in moots, write research papers and get them published. You’ll never get such an opportunity again. To lawyers younger than me I’ll tell them that lack of means is no excuse. Anyone who works hard will eventually succeed.

     

     

  • Souvik Paul Mazumdar, Partner, ALMT Legal, on his journey to the top, his inspiration, and managing multiple verticals

    Souvik Paul Mazumdar graduated from M.S. Ramaiah College of Law in 2005. He joined ALMT Legal soon after. His corporate practice includes advising and assisting corporates and promoters in private equity investments, mergers and acquisitions, cross border corporate structuring and capital market transaction. He has advised clients in international offerings before AIM (Alternative Investment Market) in London. He has also been closely associated with various sports management and celebrity management companies as a legal advisor and is currently concentrating on developing and building the Sports, Media and Entertainment law practice of ALMT Legal.

    In this interview we speak to him about:

    • His journey from being an Associate to Partner at ALMT
    • His experience working under varied verticals, under a host of capable mentors
    • Taking his father’s legacy of legal practice forward

     

    Was law always the career you wanted to take up? What inspired you to pursue law?

    To be very honest, yes, law was always my first choice. I did try my hand at the National Defence Academy by filling the form and was also fascinated by the Navy, but these were fleeting interests. Law has always been my constant passion

    My father was a senior lawyer in the Guwahati High Court. He inspired me to pursue law. I remember being in awe of his extensive collection of books and watching him read all day. Unfortunately, I never got the chance to practise under him as he passed away while I was in school. But the apple doesn’t fall far from the tree, does it. I feel connected to him through my practice of law. I love challenges and in a profession like law, every day is a new experience. The learning never stops when you are a lawyer. There is a new problem each day and with it emerges a new solution every time.

    You graduated from M.S. Ramaiah College of Law; tell us a bit about college life at BU.

    My time in college is unforgettable. Apart from just academics, those five years taught me to be independent and face the world on my own; to be able to overcome any hurdle. Coming from a small town, I had a bit of a culture shock, but managed easily. Apart from studying, my main interests were sports and motor biking. I used to play every possible sport, especially cricket.

     

    How did you come to join ALMT? What was your experience there like?

    I was supposed to intern with ALMT Legal along with my friend Debosree Paul during our final year. Unfortunately, that never crystallised. But I was acquainted with the ALMT Legal team. Mr. Arvind Kamath (my professor at Ramaiah College and now Partner at ALMT Legal) knew Mr. S.R. Arun (Senior Partner) and Mr. Prashant Popat (Senior Partner) personally. He suggested that I meet them for an interview and the rest is history.

    I believe that a fresher should concentrate on learning during the early years of their professional life and should not bother about packages. As my senior Mr. Vachan always use to say, “for a lawyer, the first ten years is learning, learning and learning, after ten years, the ‘L’ goes off and it is earning, earning and earning”. A fresher should decide what he/she wants to do and accordingly take a call to decide the right place. Work quantity and quality is very important.

    My experience over the first few years was very interesting. I made mistakes and learnt from my mistakes, I was too enthusiastic about many things. I started my career as an immigration and IP lawyer and moved to proper corporate law, employment law, sports law and media law gradually.

     

    ALMT was your first job and continues to be your workplace. What are things that you enjoy most about working here? How have you seen the firm grow during your twelve years here?

    I enjoy everything about the place! The people, the learning, the atmosphere, the seniors, the associates, the work culture, the bonhomie, everything. Most of us have been here for years and just love to be here and work and contribute towards ALMT Legal’s growth each day. I have grown from a fresher associate to a Partner.

    The firm has grown in diverse ways. It started in 2003 in Bangalore and I joined in 2005. When I joined, we had three partners and six associates (including me). Today we are twelve partners with almost 40 associates.

    We have grown in terms of clientele and also expertise. Many practice areas have developed in front of me. Today, we are a full service law firm and can assist clients across the globe and through different verticals.

     

    Have you had a guide or mentor in the industry? Do you think it important to have someone to look up to and take advice from in shaping a successful career?

    At ALMT Legal, I had many mentors. They were always around to guide me. Rajat Bopaiah and Junia Sebastian were always around to help me as friends. They corrected my mistakes. I have learnt to be meticulous with Dhanya Menon’s training. Rakesh Prabhu was my first senior and helped me grow over the years. Mr. Arvind Kamath is like a teacher to me. Mr. Prashant Popat’s teaching made me a better human being. Over the last twelve years, I have changed a lot; I’ve learnt to be a better person, and that is because of Mr. Prashant Popat.

    Last, and perhaps the most important is Mr. S.R. Arun. People who know me are aware of his influence in my life. He has been a true mentor to me in honing my skills as a lawyer. Everything I know has been taught by him. If I end up being even half the lawyer he is, I would consider that a huge accomplishment. I think having a mentor definitely helps you a lot. It is a huge benefit.

     

    As one of the most sought out after places for internships in Bangalore, what does ALMT look for in prospective interns and employees?

    What we look for is dedication, the hunger to learn and discipline. If you have these attributes, the sky is the limit.

     

    Your body of work includes cases dealing with M&A, Capital Markets, Sports Law, Entertainment and Media Law, Private Equity, Labour Law etc. How did you manage to build such a diverse repertoire?

    It is the hunger to learn that drives me. It is not that I decided to take up all these areas of practice. It happened and I decided to flow with it. I love challenges and these were challenges.

    One morning in 2010, I was in Mumbai to assist a client with his media law and sports law related requirement for the next eight months. It was the first time that I was dealing with something like that. The firm trusted me and I trusted my confidence. And that’s how the journey of sports law and media law started.

     

    What are the tricks to good legal drafting and advising clients successfully? What are the rookie mistakes that can be avoided?

    What you need to do is read well, be well prepared about your client’s background so that he need not give you the entire story, be a good listener, make notes for everything, have an eye for detail, think from a devil’s advocate perspective, avoid copy-paste and if you do so, please read it again to verify, keep things crisp and to the point, as this is not an examination paper where you think of filling up pages, and above all, be patient

     

    As a partner at ALMT, what does an average work day look like for you? Our readers would be very interested in understanding the roles and responsibilities of someone in your position.

    Average work day is anywhere between ten to fourteen hours of work. During transaction and deadline deliverables it can go upto 24 hours also. It is a personal choice that you make.

    Responsibility of a Partner is like the captain of the ship. You need to drive the client attorney relation. You are the person responsible. Be attentive, review everything, motivate your associates and when required do some fire fighting too.

     

    Outside law you have several interests including reading, painting and sports. How do you manage your time effectively between work and your hobbies?

    I try to keep my weekends free. Dedicate time to my beautiful wife, my adorable dog and to my hobbies. A busy man always finds time for things that can keep him busy. I was one of the co-founders of Justice League Cricket Club and have been actively involved in organising the Law Firm Tournament in the past and also participating in many Corporate T20 cricket tournaments.

     

    Where would you like your career to take you in five years?

    I have never been an astrologer trying to see the future. I take each day as it comes so probably enjoy what I am doing and touch base on some newer verticals of law.

     

    What is your advice to fresh graduates who aspire to work at law firms as Associates?

    Be yourself and the world will accept you, but yes, you have to be focused, develop new interests, be dedicated and diligent, and control your arrogance.

     

    What would your parting message be for our readers, given that most of them are young lawyers and students of law?

    Be good and do good. It is a lovely profession and there is so much to learn. Just follow your instincts and believe in destiny. When I was in school, I believed that I was destined to study law in Guwahati and practice litigation in Guwahati High Court. Look where I am today. Don’t get too hassled and paranoid with events happening around. Stay calm and as my senior Rakesh says, “keep walking”.

     

  • Dr. Anindya Sircar, Intellectual Property Professional, on getting two doctorates, his journey from science to law, and the scope for IP law

    Dr. Anindya Sircar has a unique distinction for holding two Ph.Ds, one in science and the other in law. He got his doctorate in Intellectual Property Law from NALSAR, Hyderabad, in 2007. After pursuing a doctorate in industrial microbiology, Dr. Sircar had a long stint heading the Intellectual Property Department at Biocon Group, which he was also instrumental in setting up. He is currently engaged in consulting, strategizing, teaching and conducting training programs in the field of Intellectual Property management. His last employment was as AVP and Head of IP with Infosys Limited where he was responsible for all IP activities of Infosys Limited and its subsidiaries. Additionally, he is visiting faculty on Intellectual Property to several universities and law schools.

    In this interview we talk to him about:

    • His journey from science to law
    • The scope and prospects for intellectual property law in India
    • His teaching experience and what he would like law schools to do differently in their approach to IP law

     

    You were deep rooted in science and got into the field of law for your Ph.D. How did you manage to acquaint yourself with legal terms and processes after being in the field of science for so long?

    I had started off my career in scientific research after my Ph.D in Microbiology. In fact, I had joined the API research unit of Biocon Limited. Exposure to Intellectual Property at that stage was limited to only reading and understanding patents. Moreover, IP was not looked upon as a viable career option in India in the late 90s. It was at that time that the company got involved in an IP issue with another leading pharmaceutical company and I was asked by the CMD to handle the case with the help of external counsels. That was the first time I got an insight into the world of IP. The heat of the case died soon but my passion for IP continued to only grow.

    I went ahead and started an in-house IP Department for the company. I had spent a lot of time with leading IP practitioners of the west. I stared reading relevant stuff and also took up courses, which finally ended up in my 2nd Ph.D. – in Law, specializing in IP. It was around that time Indian had joined the PCT and so there was some buzz in the air. The transition to IP had been quite smooth and my background in science has always been an added advantage in handling complex technical issues that often arise when dealing with IP. In fact it has been a lovely journey and the journey is still on.

     

    After being involved with Chemistry and Microbiology at the graduate and post- graduate level, at what point did you decide to go for a Ph.D in Intellectual Property?

    I had been heading the IP Department of Biocon at that time and was also teaching in leading law schools and management schools. My days used to be completely engrossed with different facets of IP, both business and academic. Additionally, my reading habits continuously kept feeding me with the recent developments in IP. At this stage, I happened to see an admission notice for Ph.D. and decided to go for it. The then Vice-Chancellor and Registrar of NALSAR were both extremely helpful and in fact the former ended up as my research guide.

     

    You received your doctorate in Intellectual Property in the year 2007. We are in 2017 now. Can you see significant developments in this area over the decade?

    There has been tremendous development in the field of IP both in India and rest of the globe – more so in India. In India at the policy levels there have been several amendments to existing Acts, compliance with TRIPS, India becoming an ISR, the IP Policy, CRI Guidelines and many more. Needless to say, numerous workshops, conferences and awareness programs focusing around IP have taken place. The most encouraging fact is that today many students are coming forward to study and specialize in IP and there are several courses available too. The biggest achievement in India is that today people consider it a viable professional choice and the field is being sought after.

     

    If Intellectual Property must be properly understood, what are the factors that one must necessarily have knowledge of? For instance, in studying law, politics plays an important role. Is there any such thing that goes hand-in- hand with Intellectual Property and Patents Law?

    In today’s world there are several super-specializations in Intellectual Property – prior art analysis, drafting and prosecution, analytics and intelligence, infringement studies, audits and due diligence, opinions, free and open source management, contracts, M&As, litigation and a few more. The requirements are really not the same for each of them. A proper blend of scientific and technical understanding and relevant legal knowledge can always prove beneficial. There is enough scope and space for representatives from both scientific/technical and legal fraternities to coexist.

     

    You are visiting faculty to a number of law schools and you have also had the experience of working in corporate companies at top positions. What is the difference between the academic learning of IP and Patents and its practical application?

    Most law schools have now incorporated IP in their curriculum. This is very encouraging but several needs of the industry in terms of skills do not get adequately addressed. Internships, which are mandatory in law schools, are an effective means of bridging some of these gaps. Some law schools run specialized courses in addition to the regular undergraduate and postgraduate degrees focusing on some of these skills. Many of the sessions in such courses are taken by industry representatives and practitioners. I am personally connected to some of them and strongly feel that some of the skills needed by the industry get taken care of. But requirements of the industry are obviously much higher.

    There might be disputes between companies that are incorporated in different countries. Where does adjudication of the matter happen in those cases?

    This is primarily as per the statute or as governed contractually.

     

    Do disputes arising out of IP & Patents Law violations resolve through negotiation and arbitration predominantly?

    Statistically, most of these IP disputes land up in the court. Some may get settled out of court, similar to litigation in other areas. Arbitration however is not very common in IP disputes.

     

    A purely academic question- what are the grey areas in the framework of IP & Patents Law in our country that need immediate attention and rectification?

    The framework and the statute for IP in India have been constantly evolving and more so in the last decade. Although, the CRI Guidelines are out, there are several ambiguities in the document. Additional clarity is desired, the faster the better. This will be of immense help for the ICT and related industries.

     

    Students of law typically prefer working in corporate law firms or decide to get into litigation. How does the application of Intellectual Property differ in these career platforms?

    There are numerous Corporate Law firms which deal in Intellectual Property. In fact there are several firms which specialize in IP and handle only IP matters. Corporate Law firms mostly deal in all aspects of IP, including litigation. However, the main focus for IP Law firms remains IP prosecution and IP management. Litigation involving IP in India currently is not very high. There are quite a few trademark cases but those involving patents or copyright are low. Additionally, corporates too employ a sizable number for their in-house IP departments.

     

    You were AVP and Head of IP Cell at Infosys, and have earlier been Global Head – IPR at Biocon Limited. What responsibilities do these roles entail?

    There could be a detailed JD made available for this. Primarily as a head, one is responsible for the overall and complete IP management of the company and its subsidiaries. In layman terms, this involves – IP Value Management, maximising the IP value for the company, and IP Risk Management, minimising the IP risk for the company. I was lucky that in the organizations that I worked, I always had a brilliant team which not only made my work easy but interesting too.

    Assuming that you have to make hiring decisions for in-house or ad-hoc roles, what do you look for in a lawyer’s profile?

    This will primarily depend on the role for which the hiring is being considered as the work scope and expectations will differ greatly. More than academic records I am keen on the internship learnings when it comes to a fresher. Another aspect which influences me is the ability, and more so the interest to learn. There is no room for short-cuts.

     

    As part of your work profile you must have had to talk to practising lawyers on IPR. Did the thought of practising law ever cross your mind?

    I have been interacting with several practising lawyers for the last two decades and in fact many of the leading lawyers of the country have become good friends. I find the world of IP very absorbing and challenging and never thought of practicing law yet. Now that you have asked this question, I may start thinking.

     

    What would be your message to our readers who are mostly young law students and lawyers?

    Decide which branch of law you would like to practice, make an early choice, and stick to your choice. Choice of branch should be only on liking and passion and not any other criteria. You can’t do well in something if don’t love the same, hoping that you will be practising that branch every day for the rest of your life. Growth and success are bound to come. And most importantly, there is no short-cut to reach the top.

     

  • Kushal Kumar, Associate, Central Government Standing Council, on looking beyond NLUs and the importance of debating

    Kushal Kumar, Associate, Central Government Standing Council, on looking beyond NLUs and the importance of debating

    Kushal Kumar is a graduate in law from Law College, Dehradun, batch of 2013. He subsequently went on to pursue a postgraduate diploma in International Trade and Business Law from The Indian Society of International Law, Delhi. Kushal has always been an avid debater and public speaker, representing his alma mater at numerous national level events. He currently serves as associate to the Central Government Standing Counsel.

     

    In this interview we speak to him about:

    • His alma mater and breaking the NLU myth
    • His extracurricular accomplishments and how they have contributed to his skills as a lawyer
    • The importance of internships during law school

     

    How would you like to introduce yourself to our readers?

    I would like to say that I am a passionate litigation lawyer. I have been enthusiastic and passionate for arguments and addressing the court. Therefore, I have argued in almost every jurisdiction. I have wanted to be a spokesperson for the people and debate from a very early age. My insatiable curiosity makes me knowledgeable in fields besides law as well. I feel strongly for the disprivileged, which is why I have fought numerous cases pro bono, and will continue to do so. I feel. As a national debater I have been fortunate enough to articulate my thoughts in different parts of the country. I want to thank my parents and especially my elder brother who has always supported me for whatever I have done.

     

    What has your experience with legal education been and how has a degree from a relatively smaller law school, if at all, affected your career prospects?

    I have always been a passionate public speaker who is well read about current affairs. I always wanted to be a lawyer as I wanted to be a voice for the voiceless. Legal education is the best education I feel in this world. In my college, I was one of the more meritorious students and very close to my teachers and my fellow students. It was a central university so getting good grades was very tough. During my law education I got to know about my rights, values and responsibilities towards society. I used to have stimulating political discussions with my friends and we used to study together before exams which helped me to learn about team management. My favourite subject was Political Science and I used to help my peers in the same as well. I would like to use this platform to extend my heartfelt gratitude to some of my teachers who have been a great source of inspiration. Mr. Ashutosh Kumar, Dr. Poonam Rawat and Dr. Chandra Bhushan Nagar have had the most profound influence on me. I am honoured to have known them and be taught by them.

    My college had a strength of approximately 2000 students. The point is, irrespective of the name of the law school, what matters most is your personal effort and hard work. I would like to say that I got ample opportunities to showcase my skills. What matters more than the stature of the college is the environment it breeds. What matters is what you want to be and how much effort you are willing to put in to achieve that. I have represented my college at several national level events such as debates, moots, etc. and even emerged victorious as these competitive events.

    When you are arguing in court before a judge what counts is not how reputable your college was, but how adept you are as a lawyer.

     

    What differences, if any, would you say there are between lawyers from well reputed NLUs and the rest?

    It depends largely on your area of interest. The only difference it makes, to my knowledge, is the that the exposure an NLU offers to its students far outreaches the exposure a student at a lesser known college gets. But as a litigation lawyer, your alma mater plays only second fiddle to your competence as a lawyer. When you are in court, it is your mastery over the law and your command over the language that eclipses your academic credentials. All great lawyers of India are not from NLUs.

     

    What internship experiences do you believe are crucial? From personal experience, what can you tell us about the exposure an internship during college gives a student?

    During one’s time as an intern, they understand the decorum of courts and the interaction between judges and advocates. They are a learning curve for aspiring and young lawyers.

    When a law student is involved in any judicial internship, the intern should make the most of it as exposure to court room sessions teach young students a lot. Being a part of client-advocate meetings are also a great experience. I would like to say that I was awarded with the ‘Best Intern award’ during my internship with Biz and Legis, Kerala.

    As a student with average grades, how would you say academic excellence or the lack thereof in an institution translates to the professional workspace?

    I feel academic excellence is just a part of your CV. Being a student of a central university, one just needed to pass the examinations to earn the degree. What matters is being diligent, being kind and sensitive, respecting your peers, seniors and your subordinates. It is these qualities that make you a good person and a good lawyer. Good grades don’t make you an efficient worker or a good team player, it is your personality which does.

     

    As an avid debater, what would you say your greatest learning is from the activity? How has it impacted your career trajectory if at all?

    I tend to get quite competitive when it comes to debates, which is why my friends and families keep telling me that I should join politics, as I never want to lose.  When I was younger I used to deliver the inaugurating speech at Ram Krishna Mission Ashram on their National Youth Day. I have been awarded as ‘Best Sanskrit Speaker’ for one of my speeches. I recall that my childhood friend, Pratika Shankar who is also a Lawyer, and I, used to win all the prizes in debates at various platforms. I am honoured to have met former President of India Late Shri Dr. A.P.J Abdul Kalam during my school days and I got an opportunity to speak about my school and state in front of him.

    During my college days, I was fortunate enough to represent my college at national debate platforms, which I think were close to sixteen in totality. I am very grateful to my college that they gave me a chance to adjudicate the first National Parliamentary Debate in my college. I helped my fellow students in debates and used to explain to them the technique of delivery. These opportunities and honours have moulded me into the lawyer I am today, confident and diligent.

    I correct people whenever they get their facts wrong. Many young lawyers hesitate to speak up. To this I would like to say that when you are on stage or at the podium, one must speak from the heart and say everything that they have to say. Keep trying and you shall be able to accomplish this. Practice makes perfect.

     

    Between your work experience at United Lex, S.L. Gupta & Partners, and Monika Arora & Associates, what was your greatest take away from each of the experiences?

    Every work place has its own pros and cons. But ultimately what matters is what you earned and implemented in your life. Unitedlex was my first job. It was an LPO, but since I was among the few fortunate who got placed from my college, I considered it a blessing. I worked there for a few months but then realised that LPO was not my cup of tea. Therefore, I decided to move and went to another law firm where litigation was practised more seriously.

     

    As an associate to standing counsel for NCTE, UOI, etc. at various levels of  the judiciary, what have been the defining moments of your career so far?

    To be honest, there have been several instances which played a key role in shaping me as a lawyer.  But I think working for the Union of India is a key factor for me. We have lot of cases marked everyday and there are a lot of appearances before different courts daily. I have been a part of many landmark judgments, the latest being the matter of Sushil Kumar, the wrestler who was trying hard to get through the Rio Olympics but coudn’t. Apart from that I have been actively working for NCTE, MCDs and various other panels. It is a simple formula; the more you appear in courts the greater experience and exposure you get. Furthermore, I would like to say to all those who want to pursue litigation as a career, first go to district courts as you learn the basics of advocacy only at the grassroots level.

     

    As a lawyer who is constantly exposed to the bare functionings of legal systems across India, what would you like to share about the same with aspiring law students and those looking to pursue a career in the same?

    The exposure to the legal functioning of courts across India is more or less uniform.  The only difference is with the jurisdiction of the courts.  As a lawyer, one should have great respect for the Bench and should maintain the decorum of the court. This is the most important thing which is to be learned by lawyers and law aspirants. One should know his facts accurately but state them without a shred of arrogance. That would be my only suggestion to young lawyers.

     

    Finally, do you have any other advice for our readers, most of whom are college students?

    I would like to say to college students that one should not forget to enjoy college life in the race to secure good grades. The day you get a degree in law and you became a lawyer, that is when the real struggle begins. You face challenging situations and undergo difficult times. But it is your passion for law that makes you exceptional. A law student has to understand four steps of advocacy in particular, i.e. a lawyer must know the facts of the case, make a good draft on the basis of those facts, make a thorough research of judgments, and then deliver his argument in court. I would like to add that as it happens with me, when you appear in court it doesn’t matter who is on the other side. It is important to not be intimidated by seniors and renowned advocates. All that matters is communicating your end of the argument to the judge through foolproof research. In conclusion I would like to say that fortune only favours the brave.

     

  • Yogendra K. Batra, Retd. Commissioner of Income Tax , on teaching at ILNU and on building a successful career

    Mr. Yogendra K. Batra retired as Principal Commissioner of Income Tax, Ahmedabad, in 2015, and is currently teaching at the Institute of Law, Nirma University, Ahmedabad. From heading all the top posts in the Income Tax Department to teaching undergraduate and postgraduate students, his expertise in the field of income tax law is unparalleled.

    In this interview he talks to us about:

    • His decision to join Income Revenue Services (IRS) over IPS
    • His views on the current tax laws in India and their implementation.
    • His decision to take up teaching post retirement and his experience thus far
    • His views on the Institute of Law, Nirma University, its teaching methods, and its students

     

    How would you introduce yourself to our readers?

    I consider myself a learner and seeker of knowledge and that is how I would like people to know me.

     

    Can you tell our readers a little about your illustrious career?

    I started my career as a Lecturer of Economics at DAV (PG) College, Bulandshahr, and subsequently joined SSV (PG) College, Hapur. In my pursuit for excellence, I kept preparing for Civil services and UP PCS exams. In 1983 I was selected in UP PCS (Accounts) and in 1984 I was selected for the Civil Services and obtained a rank of 206. I joined the Indian Revenue Service and after a training of almost twenty months at the Lal Bhadur Shastri National Academy of Administration, Mussorie and the National Academy of Direct Taxes, Nagpur I joined the Income tax Department in Delhi and in the very first year itself I was posted as the Assistant Commissioner of Income tax (Investigation Circle) wherein I was assigned the work relating to assessment of cases where search seizure operations were carried out. I also acted as Under Secretary, Tax Policy and Legislation under the Central Board of Direct Taxes and contributed to four financial bills (1991-1994). I retired as the Principal Commissioner of Income tax, Ahmedabad, in the year 2015. I have now taken up the role of teaching young minds and mentoring them in their pursuit of excellence.

     

    You chose the Income Tax Department over the Indian Police Service. What motivated this decision?

    I got the 206th rank in Civil Services Exams of 1983 and was more than eligible for Indian Police Services. I preferred Income tax (IRS) because I wanted a career free from political interference. Since I was a lecturer of Economics, the field of taxation was not unknown territory to me. I enjoyed every bit of my time at the Income Tax Department.

     

    Having chaired and headed almost all the top posts in the Income Tax Department, what are your views on the current tax laws and their implementation procedure in India?

    I started my career as Assistant Commissioner (Investigation Circle) in New Delhi. This was a very demanding and a very sensitive job considering my experience in the Department. Subsequently I was posted as Assistant Commissioner of Income Tax, Central Circle, Delhi, wherein I assessed group cases of big business houses. Subsequently I was selected as Under Secretary, Tax Policy and Legislation in the Central Board of Direct Taxes, the apex body of Income Tax Department. There I worked for more than three years and contributed to four finance bills, i.e. 1991 to 1994. Incidentally, these were the initial years of economic liberalization in the country and a number of amendments were made to the Income Tax Act. Then I came to Ahmedabad as Deputy Commissioner (nowadays, Joint Commissioner) and worked in various capacities. As Commissioner of Income tax I worked as Appellate Commissioner, Director of Income tax (Investigation), Commissioner (Audit), Commissioner TDS and Principal Commissioner.

    The Tax Laws in India have been simplified over the years.  The tax rates have been reduced and they are comparable to most of the developed countries. The tax regime in India is more taxpayer friendly now. However, a lot is required to be done on the administrative front. It is said that you cannot tax a person and keep him happy simultaneously. Therefore a lot of work is required to be done in order to educate taxpayers about the advantages of taxes and the ill effects of evading tax. A close review of the efforts made by the government on this through media and publicity has yielded desired results. The tax payers are gradually understanding their responsibility  and more taxes are being garnered through voluntary compliance.

     

    You opted to teach post retirement, despite receiving numerous offers from leading companies. How does this role fit into your overall career goals? How would you describe your ideal job?

    As I mentioned earlier, I am a seeker of knowledge, be it any profession or job I undertake. Teaching has always been close to my heart, since it gives me an opportunity to continuously learn, research and interact with the younger generation- the future of India. It gives me great pride to be a contributor, albeit a small one, in mentoring our future generation. As far as an ideal job is considered, I believe it is different for different individuals, varying according to their aspirations, priorities and specialties. For me, what I do is ideal, and therefore I do with full passion and commitment.

     

    How would you define good teaching? What do you think are the greatest responsibilities of a good instructor?

    I would like to call myself an educator instead of an instructor. An educator needs to be current in his/her subject, have clarity of concept and thought, be open to new ideas and developments in the subject. Above all, a good instructor should be able to generate interest and curiosity in a student.

     

    What are your views on the Institute of Law, Nirma University, and its students? What do you think about the pedagogical model being followed at the institute?

    The Institute of Law, Nirma University, is a professional institute where students get enrolled on the basis of their CLAT scores. These aspiring lawyers are well versed in the theoretical as well as practical aspects of the law. There are several specializations available, such as criminal law, taxation law, etc., so that the students can make an important career choice early on. Advocates, legal experts and judges are called for lectures so as to help students get acquainted with a hands-on experience of the vocation. Students are also provided with a state-of-the-art digital library so that they can hone their skills.

     

    From heading the income tax department to teaching undergraduate and postgraduate students, what are the things you enjoy, and what are the things you would like to to change about your current position?

    Nirma University is a pioneer institute which is grooming a generation of lawyers to come. The institute is improving its nationwide ranking continuously which indicates the high standards the university is constantly aspiring to. The institute is endowed with rich library resources, a dedicated faculty and an exciting campus. The curriculum has been designed immaculately so as to provide an excellent mix of theoretical and practical elements.  However, one must not lose sight of the fact that ultimately, it all boils down to the students’ performance and how they utilize the resources that are made available to them.

    My job as Principal Commissioner of Income Tax was quite different as compared to my teaching role. As a bureaucrat you have to perform your duties within a stringent framework of regulations. Teaching on the other hand, gives you room to innovate and experiment. There is nothing as such which I dislike about my present role. However, a lack of enthusiasm among the students worries me a lot.

     

    From your experience, what would be your suggestions to the new generation of students? How would you say their education and way of life is different from yours as a student?

    My only suggestion to them is to follow your passion. Identify your strengths and interests first, then set your goal and follow it with commitment and perseverance. The Universe will be at your doorstep- have the courage to ask for it, work for it and believe in yourself.

    This generation has a lot of opportunities, avenues and facilities made available to them, which we did not have in our time. However, they also have a lot more competition and struggle compared to us. Nevertheless, Darwin’s theory, survival of the fittest, is so far apt for all ages and generations. Since the students are in a professional institute they cannot behave like students of a regular college and settle for only routine understanding of any subject. The have to develop a desire for knowledge and have to read beyond what has been discussed in the class.

     

    Finally, what would be your suggestion or advice to anyone who aspires to have a successful career? What are the dos and don’ts for ensuring success in any field?

    There is no replacement of dedication, commitment and perseverance for anyone wanting to succeed in their career. Strive for excellence in whatever you do and you shall succeed. Give your 101% to what you do because a little bit extra effort makes all the difference. The following mathematical equation is proof that a little extra effort each day can go a long way.

    1.01365 = 37.8
    0.99365 = 0.03

    Students should read at least one case law a day because staying abreast with current affairs is absolutely essential for any lawyer.

  • Rahul Miranda, Masters candidate, Swansea University, on pursuing Maritime Law, niche legal fields and plans for the future

    Rahul Miranda, Masters candidate, Swansea University, on pursuing Maritime Law, niche legal fields and plans for the future

    Rahul Miranda is a graduate in law from SLS, Pune, batch of 2014. Since then he has worked with Senior Advocate V.J. Mathew in Cochin for a year before securing a judicial clerkship at the High Court of Delhi. He is currently a masters candidate at Swansea University with a focus on maritime law, marine insurance and energy laws

    In this interview, we speak to Raul about:

    • Pursuing a legal avenue as niche as maritime law
    • His curriculum at Swansea and his decision to go there
    • Being a judicial clerk at the High Court of Delhi

     

    You were excellent at academics while simultaneously being an avid and successful mooter during your time at SLS, Pune.  How did you manage your time and prioritize effectively?

    Learning to manage time and prioritize your tasks is an essential skill for any lawyer. My absolute favourite thing about SLS, Pune is how well they prepare you for the real world in this regard. Numerous opportunities are made available but never pressed upon you. It was completely up to you to decide on the load you wanted to take on. You could either easily breeze through with minimal effort or be so heavily yoked that you’d kill for Hermione’s time-turner.

    I managed to find a balance fairly quickly during my time there and thoroughly enjoyed being able to switch between my academic commitments and co-curricular interests.

     

    You spent a semester on exchange at Queens University in Kingston. What was your experience like? What were the challenges and opportunities that you faced in making the transition between the two academic environments?

    My Semester at Queen’s was the best! Under the auspices of the Ontario-India Exchange Program, I got to take a full course load of upper year JD courses at Queen’s University and was even required to sit through the exams and compete with the home students for a GPA. The quantum of reading and research that was expected was immense and the professors demanded a comprehensive understanding of the course material. As an exchange student who just wanted to travel and take in the new experiences, this was an extremely daunting prospect. I did manage to get through relatively unscathed though and I even managed to squeeze in quite a bit of travel.

    An exchange program is something I highly recommend to anyone who has an opportunity to be in one. Apart from the obvious opportunity for professional and personal growth, it gives you a fresh perspective and teaches you to look at an issue from several angles – an essential skill for any successful lawyer.

     

    Given that maritime law is a niche area of practice, we would like to know how you developed an interest in the subject and have come to choose it as your core area of practice.

    Shipping is the lynchpin of international trade and brings together the eternal triangle of producers, manufacturers and markets. As the most cost-effective way to move goods and raw materials around the world, shipping accounts for over 90% of the world’s trade. Considering its obvious importance to a developing country like India, I believe the field has a lot of potential for growth and wanted to contribute to this. The government recognizes this potential and is promoting investment in this sector through initiatives such as the Maritime India Summit which was held in Mumbai last April.

    As a law student I was intrigued by the several unique challenges and opportunities that this field offered. I took up an internship at Bose & Mitra & Co. and my time there under, the able guidance of the managing partner, Mr. Majumdar, and the rest of his fantastic team truly fanned the flames and got me hooked to this area of practice.

    With the crew of the Royal Navy

     

    How did you secure your first job as an Associate at V. J. Mathew & Co.? What was your experience working there like?

    I applied for an internship there and was assigned with some very interesting assignments. I was impressed by the quantum of maritime law work that the firm handled and the professional manner in which they functioned. At the end of the internship, I was offered a position and grabbed the opportunity with both hands.

    My time at the firm was a period of immense learning and it was a baptism of fire of sorts. Being a boutique firm, I had the opportunity to work closely with the partners on most cases and was made to feel like a valuable part of the team. I am very grateful to Senior Advocate V. J. Mathew for playing the role of a mentor and for trusting me to argue important cases before the Kerala High Court so early in my career. He is also a strong advocate for positive reform in the maritime industry and often got me involved in his research preparation for a big conference or an important paper.

    Being a judicial clerk at the High Court of Delhi, what have been your tasks and key learning experiences?

    I had always wanted to do a judicial clerkship and so when I got the opportunity to work with Hon’ble Mr. Justice Najmi Waziri I was overjoyed. For those of you not familiar with the concept, a clerkship involves working closely with a judge and attempting to ease their workload by helping with case briefs or research propositions.

    In my case, this basically meant trying to learn as much as I could while being as little of a nuisance as possible. And I say this only half jokingly as it’s truly incredible how adept Justice Waziri was at identifying crucial points in the case and I was often out of my depth when trying to brief Sir on a case or while sharing a point of research with him. What the experience did give me was an opportunity to observe from close quarters what it takes to be successful in this field and the level of commitment, hard-work and professionalism that it requires. Justice Waziri is truly a role-model for me and I’m immensely grateful for the opportunity to have been able to learn from him.

    Rahul Miranda with Hon’ble Mr. Justice Najmi Waziri

     

     

     

    You are currently pursuing a master’s degree in International Maritime Law from Swansea University. How did you decide on the university and why were you keen on getting a masters degree?

    The peculiar nature of ships and the shipping industry means that the law governing it also has several peculiarities. In order to fully understand these intricacies in the law I felt that it was necessary to study the subject in depth. Furthermore, a Masters in Law is obviously a lot more than just the degree and offers the opportunity to meet like-minded people from around the world and to participate in conferences and networking events which bring with it a plethora of opportunities.

    For this reason, picking the right university to pursue your course from is vital. I was accepted into several programs but finally decided on Swansea University based on the almost singular focus of their program on commercial maritime law, the reputation of their professors within maritime circles and its very strong alumni network. It’s probably also wise to factor in fees, scholarship opportunities and cost of living while picking a course.

     

    What are your career plans after this?

    To be honest, I haven’t really thought too much about this yet. I’m looking for an assignment which will challenge me and give me a chance to apply all that I have learnt during my course. I’m going to have to work very closely with the career services office at the university over the next semester to explore my options and find the perfect fit.

     

    Do you feel that adequate exposure is given to students in niche areas of law such as maritime law? What would be your advice to students who are inclined towards a career in the field?

    While I was at law school there wasn’t really any exposure to this field of law. Over the last couple of years, however, I have noticed that several law schools are conducting symposiums, conferences and even moot court competitions dedicated to issues involving maritime regulations. I have been invited to speak at these conferences and judge these competitions a few times and remember being impressed by the quality and quantity of participation. If students are interested in this field they should definitely check for these events and participate in them as they offer a good opportunity to get a feel for this area of law and also to network within the field. Applying for internships with firms that deal with maritime matters is obviously another way forward.  I wish them the best of luck and will be happy to help them with any further queries they might have.

     

  • Bhoomika Choudhury, Founding Partner, Svadhā Legal, on her time in Symbiosis, the future for start-ups and the importance of pro bono work

    Bhoomika Choudhury, Founding Partner, Svadhā Legal, on her time in Symbiosis, the future for start-ups and the importance of pro bono work

    Bhoomika Choudhury is a graduate in law from Symbiosis International University, batch of 2012. Thereafter, she has gone on to practise with leading firms like Amarchand & Mangaldas & Suresh A. Shroff & Co., Mumbai (now Cyril Amarchand Mangaldas) and boutique tax firm Vaish Associates Advocates, New Delhi. She has also worked as a junior in the Chambers of Dr. Rajeev Dhavan, one of the leading senior counsels in the Supreme Court of India. She has experience handling administrative, civil, criminal, service, bail, intellectual property, tax and water disputes matters. She also has experience in briefing and assisting senior counsels. In 2016, she founded her own legal firm, Svadhā Legal, which offers representation in corporate, commercial, tax, civil and criminal litigation and arbitration matters.

    In this interview, we speak to her about:

    • On being a Chartered Accountant alongside with being a lawyer
    • On the future of “Make in India”, “Start-up in India” and “Skill India”
    • The importance of holistic development as a person in order to be a sentient lawyer
    • On her diverse experience and eventually going independent

     

    How would you introduce yourself, given that most of our readers are young law students and young lawyers?

    I would introduce myself as a sincere lawyer who has become what she is today solely through her single-minded devotion to be a sensitive and responsible person. If anything other than my work defines my persona, it is the fact that I value and respect relationships, both at the personal and professional level, and feel concerned about developments in our society. Like my name suggests, I have different roles to play during my lifetime and my endeavour will always be to do them to the best of my abilities. I am a daughter, sister, friend and a girlfriend along with being a dutiful lawyer.

    What were the factors which drove you to join law school? Did you ever consider exploring any other fields?

    My father being a college teacher in English, I grew up surrounded by a whole lot of literary classics, and endless discussions on literary topics, and together they had a powerful influence on me. Reading literary classics thrilled me to no end and I realized my career options must be narrowed down to a vocation that must include a lifelong engagement with the humanities. The second most important consideration behind my choosing a law career was my concern for social issues and my pursuit for a vocation that provided fodder to my curious mind. I was greatly influenced by Einstein when I was young and this quote caught on to me greatly:

    “Only a life lived for others is a life worthwhile. I have no special gift. I am only passionately curious. I want to know God’s thoughts… all the rest are details. Joy in looking and comprehending is nature’s most beautiful gift. It’s not that I’m so smart, it’s just that I stay with problems longer.”

    A career in Law seemed to be the ideal choice for me as it combines my literary and social interests along with vocational needs.

     

    You graduated in law from Symbiosis Law School, Pune. How did the law college prepare you for practice in law?

    To say that Symbiosis Law School is a great place of learning will be an understatement. It takes meticulous preparation to understand the law both in theory and in practice.  This institution gives its students the right portion of both. I was particularly lucky to learn a lot more by way of extracurricular activities as I was selected as the President of Human Rights Cell. As part of the cell, some of the projects we worked on gave us ground level exposure to areas like rights of commercial sex workers in the red light district of Pune, disability rights, an after school educational program for underprivileged children, etc. But we had to go through our own share of trials. My father had accompanied me to Pune for the admissions and I remember him looking a little worried as he came to know the city’s liberal and indulgent way of life. But he had very lovingly only once asked me to shun all the negative influences around the college and the city. I promised him as much and I am happy that I never betrayed his trust.

    How important are internships for a law student? Tell us about your internship experiences while in college.

    It is an important part of a student’s academic life in the sense that it gives real life exposure to the kind of work one will be called upon to shoulder in future. Considering that there are varied kinds of jobs that are available to a law student upon graduation, internships give an opportunity to get a taste of everything and decide on one or two areas on which he/she could focus. It also gives a chance to leave your mark in an office where you would later like to bag a pre-placement offer. Even though your first few internships may appear highly challenging as you are yet to fully learn theoretical aspects of the law, you will gather a great deal of knowledge after working with these offices.

    I tried to keep my basket of internships diverse by picking from NGOs, independent litigating offices, in-house legal team of corporate houses and law firms. I distinctly remember, my social issues have been very dear to me from my early school/ college days, and this interest took me to an NGO called ‘Solidarity for Developing Communities’ and a State Human Rights Commission during the first two internships in my 1st  year of Law School. My experience in these two offices further heightened my interest in human rights issues, so much so that it has become an integral part of me today. By this time I had fully realized the benefits of internships. So when I went for internship assignments to the Essar Group, Mulla & Mulla, Craigie Blunt and Caroe, and the senior advocate of Jharkhand High Court, Mr. Anil Kumar, I was determined to make the most of it. The nature of the legal issues I encountered during my internship was diverse, as were their benefits. My internship stints ended with Amarchand Mangaldas and Phoenix Legal.

     

    Do you think that Moot Courts are an essential component for the overall development of a law student? Tell us about your experience.

    It is an elaborate rehearsal a law student undertakes, as it accurately reflects the rest of their lives as lawyers and litigators. The very fact that these involve facing rival teams and competitors, both at the national and international level, serves as motivation for every student to put their best foot forward. Ultimately each of these extracurricular activities i.e. participating in moot court competitions, writing research papers, internships, etc. go a long way in shaping you as a lawyer, pushing your name a few notches up during placements and enhancing your chances in getting admission in top law schools.

    One must remember that applications received by law offices, corporate houses or top law schools are filled with students who have managed decent grades in their respective universities. Participation in extracurricular activities makes all the difference in getting your dream job!

    These competitions gave me the opportunity to work with my fellow participants, prepare our case to the best of our abilities, and compete with some of the brightest minds from the legal fraternity. The crowning glory was getting to attend the William C. Vis International Commercial Arbitration Moot Court competition in Vienna in my 4th year of law school. The whole experience was a turning point in my life as a student of law. Getting the opportunity to participate in such a prestigious affair was a very uplifting moment.

    Do you feel that academic excellence is essential to be successful in life?

    The question is too general in nature to beg a straightforward, universal answer. If we are to understand the meaning of ‘success’ in a knowledge economy, as identified with the successes of only the reasonably, moderately educated people, not to speak of the highly educated, talented people with high academic credentials, the importance of education or academic excellence can never be underestimated. The contemporary economic and social conditions acknowledge and respect academically bright people. However, we also know of innumerable successful people who have failed miserably in their initial years of work. The list is endless with celebrated names like Thomas Edison, Albert Einstein, Van Gogh, J.K. Rowling, Oprah Winfrey and the like. However one thing common to all of them is that they were persistent. It is not a shortcoming on their part, it is the world that takes time to identify geniuses.

     

    You have taken ACCA examinations at the Association of Chartered Certified Accountants, United Kingdom. Tell us about your experience.

    Midway through graduation, it struck me that a course in accounting will be very useful to me in future, especially given my interest in tax law. It was this simple reason that drove me to take up this ACCA course, and I must say that I enjoyed studying and appearing in the examinations, though it was sometimes tough on me to take out time from my regular studies. What helped me greatly is the flexibility that ACCA examinations allow its students. Moreover, the ACCA follows the International Financial Reporting Standards and is globally recognized too.

     

    It is generally seen that law students and law graduates tend to shy away from taking up pro bono cases. Is this advisable?

    It is advisable that law students and law graduates of our country do not shy away from taking up pro bono cases. In a country such as ours where the majority are poor and cannot afford legal help, it is inhuman on the part of the legal fraternity not to devote some of their time and energy to come to their rescue. This assumes greater importance for law students and law graduates as they themselves will be richer in their learning experience as well as in their moral responsibility towards society. In fact, it ought to be considered a great opportunity for young lawyers.

     

    You have worked in the Chamber of Hon’ble Mr. Justice Rajiv Shakdher as a Law Researcher- cum- Clerk. Can you tell us about the experience?

    Working with Hon’ble Mr. Justice Rajiv Shakdher was an opportunity I still thank my stars for. I can never thank him enough for the encouragement and the guidance he always gave me whenever I needed. HMJ Shakdher is an extremely well-read, honest and hard working judge who worked very meticulously on each case, and he expected the same qualities from his law interns, assistants, researchers, and clerks. I gained much confidence, learnt such a great deal during the one year time I worked with him, that it helped me in many ways to build my image as a trustworthy lawyer. Whatever I am today is because of his influence on my career. I must say that at the very mention of his name, my head bows down in obeisance and a prayer goes out from my lips for his long, happy life.

     

    You had previously worked with Vaish Associates and Cyril Amarchand Mangaldas. Tell us about your experience at these firms.

    My time at both these firms was a very productive experience. At this point of my career I wanted to work with taxation related firms to gain more knowledge on this subject or area. The realization was dawning on me that I must at least learn a good deal more than the fundamentals of some areas of legal practice, and I made the best of my time there by learning about taxation, arbitration, corporate tax, and taxation related litigation. Fortunately both my seniors and colleagues at these two firms were very helpful and supportive in my handling of assignments, and the experience has enriched my knowledge of these areas vastly. I owe my special gratitude to Ms. Kavita Jha of Vaish Associates who was extremely helpful and supportive of my work, and always went the extra mile to assign me other litigation cases too. Ms. Jha being one of the division heads at the Supreme Court and High Court, I learnt a great deal during my time at Vaish Associates. My relationship with her and other colleagues will always be very special. The year I worked with Cyril Amarchand Mangaldas too was extremely enriching and fulfilling as I happened to work on some of the very high-profile, well-known cases.

     

    At Vaish Associates and  Cyril Amarchand Mangaldas, you were concentrating mainly on tax litigation and arbitration, but later you decided to go for litigation practice. What motivated this shift?

    The reason I changed my focus away from taxation-related areas for sometime is the necessity of learning other areas of litigation. With an expertise in one technical area of law, I was veering towards the view that I must learn a great deal on other aspects of legal practice, before I am able to enter into litigation practice on my own. For any lawyer with some aspirations in life, I suppose this is a very modest decision one has to take at the earliest possible time.

     

    You have assisted eminent lawyer, Senior Advocate Dr. Rajeev Dhavan. Tell us about your experience.

    I consider it my good fortune that Dr. Rajeev Dhavan accepted me as a junior to assist him in his office. I knew it would be a daunting task to meet his high standards, but I was looking forward to it nonetheless. He is a legal luminary and a legend of our times, and his scholarly pursuits, the huge number of books and articles he has written, all of this weighed heavily in my mind as I immediately sat down to work for him. The knowledge and experience I gathered at Dr. Dhavan’s office was immense. I knew I was working for one of the finest legal minds of our time. It was difficult to hold your own and not be intimidated. However the unimaginably rich experience I gathered with Dr. Dhavan has vastly improved my level of confidence, the honesty and integrity of the manner in which I ought to work in future, and more importantly, the realization that I have a long way to go in my further higher studies, in order to pay my little tribute to my godfather. His encyclopaedic knowledge, and his unmatched wit and sense of humour will continue to inspire me throughout my life. It is not for nothing that his academic stature, his unmatched courage, and the unconventional, radical stand he often took in his appearances in the Supreme Court has become made him a legend of our time.

    Earlier this year, you founded Svadhā Legal. What were the challenges you faced in setting up the firm? Could you give us a brief description of the firm and the activities  it performs?

    Svadhā Legal is a dream fulfilled. Legal matters as varied as human rights, taxation, arbitration, corporate law, civil cases, etc. have all been of interest to me, and I thought setting up a law firm will be the best way to handle the wide variety of cases that I expected to come my way. A law firm run as a professional entity will be a good way of attracting prospective clients as well as engaging junior, younger colleagues for those cases.

    Svadhā Legal will also be a great intermediary for pro bono cases that are dear to me, in the sense that considering the large number of cases that are awaiting justice on pro bono basis, the firm will be able to engage or delegate some of the cases to younger professionals looking for such avenues. These were some of the reasons that prompted me to set up Svadhā Legal, and I am happy that quite a number of my friends, colleagues, and juniors have joined me as associates in the firm.

    There were challenges in setting up this firm, considering the fact that I am a first generation lawyer, but I was determined to overcome any such disadvantage coming my way. It is my firm conviction that serious pursuit of a dream will admit no hindrance on the way, and this conviction gives me enough patience and tolerance to pursue my goal. Another challenge was facing rampant sexism in the professional sphere. But here too, I am determined to prove that gender can never be a disadvantage for anyone in any respect, though one will be forced to walk the extra mile to prove that.

    It is a heartening feature of this enterprise that my considerable network of friends and lawyers across the country are helping and encouraging me in my endeavour.

     

    As a partner at Svadhā Legal, what is an average day at work like? Our readers would love to hear about the day-to-day responsibilities which need to be handled by someone in your position.

    My average work life normally starts early in the morning when I sit down to work at home for at least 4-5 hours before I head to the Courts for my appearances or hearings, and other related work. I find the early morning hours to be the best time of the day for work. Then after a short lunch break it’s time for me to interact with clients, discuss cases, and then devote some time for business development and public relation exercises. Normally I always make a mental plan of work for the day, and it makes it easier for me to complete all my work in time. And then it’s time to head home and may be after a brief rest, it’s back to work and other personal studies.

     

    A number of campaigns such as “Make in India”, “Start-up India” and “Skill India” have been launched by the Govt. of India. Your views on these campaigns?

    The aim behind the “Make in India”, “Start-up India”, “Skill India”, and “Digital India” schemes is to leapfrog this country into that of an advanced and economically sound country in the shortest possible time.

    The “Make in India” initiative was developed to establish India as an efficient manufacturing unit and lure global markets to consider the subcontinent as a viable investment.  The government promises all kinds of support to the new investors, including the promise of quick clearances and approvals through a channel called Single Window clearance in order to avoid delays and red-tapes. The initiative has already started bearing results in the form of many international automobile, aerospace, software, military hardware, and other manufacturing majors considering setting up manufacturing plants in the country. If the campaign is to achieve its full potential and desired results, what the government must do is to not slow down the momentum and see to it that it is followed in a rigorous manner.

    A similar but a very innovative campaign has been launched by the central government in the form of “Start-up India” in order to help unconventional business plans take flight. There are innumerable success stories of new start-ups having generated remarkable revenue levels owing to their out-of-the-box strategies. There is little doubt that our economy in future is going to be dominated by more and more of these start-up enterprises, most of them in the service sector, and contributing hugely to the economy.

    The central government’s other initiative called “Skill India” too is another campaign that has been launched in order to impart vocational training to the unskilled workforce of our country. Uneducated, semi-educated, and under-employed labourers can learn skills of their choice to aspire for better employment opportunities. The success of the first two campaigns will, to a large extent, depend upon the success of this campaign. It should be implemented in a very urgent basis, without any let-up or loss of momentum.

    These specially, carefully selected campaigns have been launched to make this country a global hub of manufacturing, a great place for young, talented people with innovative ideas to realize their dreams of setting up new enterprises or start-ups and create the best possible infrastructure for the development of the required skill for our millions of young students who will be capable of handling the needs and demands of the new age technological, industrial enterprises. Since we are living in these times, we must make optimum use of these opportunities and participate fully to make our country the most powerful nation on earth.

     

    Tell us about your experience of working with start ups.

    It all started because of my large network of friends, many of them happening to be young engineering graduates, and quite a few of them deciding to quit their jobs and starting their own start-ups. They are a very talented lot, with new and innovative ideas of developing new technological tools and models for a wide spectrum of use by industries, business enterprises and a host of other organizations. My association with some of these Start-ups began because of their need for legal assistance in preparing regulatory formalities and agreements. It was a great learning experience for me and I was in a way encouraged a great deal by their dreams, motivations, and infectious energy. What’s more, my modest accounting background proved to be of great help in my work.

     

    Name a few of your hobbies, and how have they proved to be an advantage to you?

    The things that have drawn my continuous interest are literature, painting, gardening, cooking and sports. Some of these interests have grown with me over the years since my childhood, and it would be wrong to say that I am not seriously pursuing or devoting time on a regular basis to all of these areas of my interest. My love of nature has in a way taken the shape of gardening, and I love planting, watering, and taking care of my little collection of indoor plants at my home. I am an inveterate traveller, and I love going places, both popular tourist haunts and less frequented, quaint spots. I love meeting new people on the way and getting to know them.

    These are the areas of my interest and together they constitute my life. I am hopeful that these interests will go a long way in my realization of myself in the future. The journey of self-discovery is still on. A few of my hobbies or interests such as reading literature, humanities studies, and social issues may have proved beneficial to my professional life. But in a broader sense, all the other hobbies have equally contributed to my evolution as a decent human being. In my view I should be a decent human being first, and a good lawyer after that. The two complement each other, and you cannot be the latter without being the former.

     

    What is your advice for fresh graduates who wish to enter law firms as associates? How should they prepare themselves to cope with the challenges they will face?

    Working for someone, be it an individual or an organization, one has to come to terms with the fact that times are difficult. Considering the nature of the profession one has to look at all the inconveniences as normal and as part of the learning process, and with patience and dedication. Law firms expect from law associates a lot of hard work and the willingness to put in extra hours of work whenever needed. But it is during this time that one learns the most.

    What would be your parting message for our readers?

    Life is too precious a gift to be wasted. We should realize that it is not only what we do, but how we do it that also matters a lot. Ultimately, what matters is not how much money or wealth we have earned, but how decent a life we have lived, how much use we have been to others. There will be hundreds of voices that will discourage you, but just listen to that one voice within; it always knows what is best for you. Dream as much as you wish and realize them all, but remember that a life lived for others is far more fulfilling.

     

  • Shivendra Singh, Senior Associate, Dutt Menon Dunmorrsett, on M&A, corporate law and the potential of start-ups in the legal industry

    Shivendra Singh, Senior Associate, Dutt Menon Dunmorrsett, on M&A, corporate law and the potential of start-ups in the legal industry

    Shivendra Singh is is a graduate from NLIU, Bhopal, batch of 2008. Shivendra has extensive experience in handling Mergers & Acquisitions, Joint Ventures, infrastructure projects and Private Equity deals. He has also been part of several real estate transactions, due diligences, including due diligence on portfolio of assets of banking companies, financing arrangements with banks, and investment in multi-brand retail trading sector. During his professional career, Shivendra has practiced a wide range of laws, such as law of property, companies law, laws pertaining to foreign exchange in India, securities regulations, Sick Industrial Companies Act, trust laws, laws governing education sector, and employment and labour laws. He has regularly contributed several articles to leading law journals and magazines.

    In this interview we speak to him about:

    • His time at NLIU, the curriculum and his extracurricular interests.
    • His decision to move from an established firm like AMSS to a startup, Sarthak Advocate & Solicitors.
    • His experience practising corporate law

    How would you introduce yourself to our readers in one sentence?

    A professional who likes to keep it simple and deliver high quality.

     

    What attracted you to Law? Is anyone in your family from the legal fraternity?

    During my 12th standard days I stumbled upon a book shelf that belonged to my great grandfather in our ancestral home in Eastern UP. It had a few old law journals. The old collection of books had remained unused as there were no lawyers to come from our family for the following two generations. As a humanities student, I was very excited to discover such an extensive book collection. That was the first time that the thought of being a lawyer crossed my mind.

    Few months later, I came to know about a distant cousin who was in NLSIU, Bangalore and just got placed in Amarchand Mangaldas, Delhi. I can say this event led me and my family to seriously consider law as a viable career option and I ended up applying for few universities.

     

    Tell us about life at National Law Institute, Bhopal. What was the academic atmosphere like?

    NLIU, Bhopal is a very vibrant campus, where we had space for students who excel not only in academics but also in other extracurricular activities, like moot court competitions, model United Nations competitions and have publications to their name. We even had students who loved to read beyond the prescribed curriculum; they read the likes of Karl Marx, Kafka and other noted philosophers.  .

    I think our university gave everyone a chance to explore themselves in their first three years and then gun after their goal in their last two years. This is why our alumni have made their mark not only in the field of law, but also as social activists, diplomats, bureaucrats and entrepreneurs.

     

    You have taken part in three moot court competitions, performing well each time. How important is participation in moots?

    I personally consider that moot court competitions teach one how to apply law to a practical scenario. After all, this is what a lawyer does for rest of his life. Participation in such competitions enhanced my research skills, drafting skills, presentation and most importantly, the art of articulation.

    One should definitely experiment with different subjects in moot courts during college. It takes you out of your comfort zone. Then you don’t hesitate venturing into any kind of law because you believe in your core skills as a lawyer. I participated in various moot courts dealing with issues relating to public international law, minority educational rights, cyber law and space law.

     

    What subjects interested you the most while in law school? Which kinds of internships did you complete while at law college?

    As I mentioned above, I didn’t have any favourite subject consciously but you can say I had an inclination towards public international law owing to my interest in contemporary European history and international relations as an arts student.

     

    You joined Amarchand & Mangaldas & Suresh A. Shroff & Co., Delhi, soon after graduating in 2008. How did you procure employment there? What was your experience there like?

    I was selected for a four week long internship through the university placement programme. My internship was extended for two more weeks at my request. Few months later, a few other people who had interned there, and I, got a call for an interview. I was selected at that interview.

    Working at AMSS was a wonderful experience. You suddenly find yourself making a small contribution to a headline deal. It was my first job so it will always remain special. An organization that turned a law student into a beginner lawyer, teaching him the nuances of professional life.

     

    Soon after, you left AMSS to join Sarthak Advocate & Solicitors. What made you shift, especially since AMSS is a leading corporate law firm?

    That was the time of start-ups in law firms. You had success stories coming from every corner. It was an exciting move, where we hunted for our own office and own furniture. It was a fulfilling experience and a risk which a young and carefree lawyer took at that time.

     

    During the four years you worked there, you moved into the Senior Associate position, and you have continued to hold the position in your present job at Dutt Menon Dunmorrsett. What goes into becoming a Senior Advocate Associate?

    Your responsibility increases manifold when you move up to the position of a senior associate. You are in the driver’s seat of a transaction and the partner would rely on you completely. I have always tried to take as many legal calls as I could with my experience. Number of hours don’t necessarily increase but the timing of those hours does change. You are working or taking calls anytime and anyplace like on the road, in the gym, in the restaurant etc.

     

    What are your practice areas at Dutt Menon Dunmorrsett? Which kinds of transactions do you like dealing with the most?

    I have always been a general corporate and M&A lawyer. At DMD Advocates, we have a great mix of corporate transactional practice and general corporate advisory. In the last few years, India has seen so many start-ups, a few succeeded and a few failed. At DMD, I got a chance to work with these budding entrepreneurs, almost like a legal incubator, till they reach the angel and institutional rounds. It’s very satisfying to see their journey from a mere business plan on paper to a stage of operational expansion.

    Simultaneously, away from the M&A arena, our other clients who seek day to day advisory on a whole range of laws, such as the Companies Act, FEMA, Aviation Laws and SEBI laws keep us close to the challenges faced by a corporation in its day to day life.

     

    What are the building blocks for a great practice in M&A? Do you have any advice for young lawyers aspiring to make a mark in this area?

    As is true for any other practice area, providing legal solutions is at the core of M&A practice. Clients appreciate a straight and unqualified view. As an M&A lawyer, you have to completely give yourself to the transaction which goes on for months. You are the anchor for the documentation process and you will be the go-to guy for your client throughout the process. You will have to chase the client for sorting out the commercials between the two parties and keep things moving.

    For young lawyers, my advice is to understand your client’s business and commercials as much as possible. We are business lawyers. We are involved with clients in their day to day life and not only when their dispute reaches court. Therefore, understanding their business challenges is key to solving their problem.

     

    According to you, which are the arenas of law showing most promise for the near future, and which students should consider taking up law as a career choice?

    India is growing every day and lawyers have a big role to play in this growth story. Corporate law, IPR and Alternate Dispute Resolution will remain at the core of the legal advisory in the times to come. From a start-up to a big corporation, everyone is realizing the value of a commercial lawyer, something which was historically handled by a chartered accountant or a litigation lawyer.

    There is great potential for a corporate lawyer in tier two cities, which are still untouched by corporate law practice. In this age of e-mail, teleconference and video calling, corporate lawyers can disrupt and penetrate cities like Ahmadabad, Kanpur, Indore, Vizag, Kochi, Manesar, etc.

     

    Which reference authorities do you rely on for your work in the corporate area, as well as for competition law?

    As far as advising the clients on their regulatory matters is concerned, including corporate laws and competition laws it is advisable to rely on the latest printed bare acts and regulations available on the official websites of the regulators. But beyond a point when it comes to more complicated issues, one can refer to a comprehensive commentary and case law research as well.

    For FEMA related issues one can consult updated regulations (Taxmann publications) and Consolidated FDI circular. For competition law advisory, a lawyer can also consult the advocacy booklets published on CCI’s website.

     

    You were asked to express your views on The Registration (Amendment) Bill, 2013 by the Parliament’s Standing Committee on Rural Development. What was your experience like?

    It was a very enriching experience where I got to share my views with an esteemed panel comprising Rajya Sabha members such as Prof. Saifuddin Soz and Mani Shankar Aiyer. As a real estate practitioner, we apprised them of some practical difficulties faced by people given the archaic nature of the century old legislation. There was a parity of thought on both sides of the table with few common objectives such as ease of registration procedure, prevention of fraudulent transactions, computerization of records and compulsory registration of certain documents.

     

    How would you suggest students may hone their research skills? What is the secret behind a good quality research paper?

    Perspective, I guess. A quality research paper should reflect clarity of thought backed by comprehensive research. It should give little more than what is already available in the public domain. That little contribution can be in the form of additional facts and information which one has gathered through empirical exercise or in the form of a viewpoint different from what already exists and is well documented.

     

    What is the one piece of advice you would like to give young law students?

    For the first few years, discover yourself and your inclinations. Experiment as much as possible. You have nothing to lose. Once you know what you want, go all of for it. Most importantly, have lots of fun and make full use of your campus life. Those days will never come back.

     

  • Goda Raghavan, corporate-commercial practitioner, AK Law Chambers, on being a lawyer, company secretary, author and illustrator  

    Goda Raghavan, corporate-commercial practitioner, AK Law Chambers, on being a lawyer, company secretary, author and illustrator  

    Goda Raghavan graduated in law from University Law College, Bangalore in 2010. She went on to pursue her Masters in Law from the prestigious London School of Economics, batch of 2011. She is also a qualified company secretary and was awarded the gold medal for securing the highest marks in the foundation examination from the state of Karnataka. After working with GMR Infrastructure Limited, Bangalore, as their management trainee for two years and with HSB Partners, Chennai for four years, she quit to set up the corporate-commercial practice at AK Law Chambers. Additionally, she is also a freelance illustrator. She draws a comic strip called “Pickles & Lota” and has illustrated several strips on legal humour.

     

    In this interview she speaks to us about:

    • Her courses and curricula at the London School of Economics
    • Managing being a company secretary alongside with being a lawyer
    • Her experience working with diverse firms in India and abroad, and building corporate-transactional practice

     

    You said you’re a third generation lawyer? What was it like growing up in a family with so many lawyers and how has that influenced your career and practice?

    Being a third generation lawyer brings with it a lot of advantages as well as a lot of responsibilities and extremely high expectations. You are judged on a daily basis and quite easily written off for even small stumbles. Yet I am fortunate to be carrying on the family ‘tradition’, if I may call it. My grandfather Justice K.R. Gopivallabha Iyengar was a judge and my father Mr. K.G. Raghavan is a designated senior counsel of the Karnataka High Court. To say that I wasn’t influenced to take up law and that this was a completely independent decision would be a lie. On the contrary, it was a positive influence on me. Immediately after the 10th standard board examination, I specifically opted for commerce to benefit from the courses in economics and business studies to assist me in the five year law program thereafter. As luck would have it, I married Anirudh, who is also a litigating lawyer. It was only then that I decided to focus on transactional work, an attempt to not “duplicate resources” within the family.

    You have a publication “Breach of Representation and Warranties in M&A: A Buyer’s Guide” to your credit? What role do you think writing and research have played in your career? Did you write many papers when you were in law school?

    According to me writing is a very crucial part of being a lawyer – be it writing in the form of drafting or writing for research articles. My schooling has added vastly to my skill in the use of words to convey my thoughts and that has greatly benefitted me in drafting agreements, opinions and pleadings as well. While I presented several papers on corporate laws for the legal and secretarial group meetings that were held monthly, during my training period at GMR Infrastructure, I was hardly left with any spare time between balancing my courses and exams at law school and the company secretary course. I believe that the most important skill of a lawyer lies in articulation- written (be it drafting a pleading or an agreement) and oral.

    What were your priorities during law school? Did you always know which area of law you would set up a practice in or did you decide later?

    During law school, I focused a lot on internships and also on completing my company secretary course. To this effect, I interned at various offices and companies and got an idea of the various kinds of work involved. At the end of five years, I also successfully completed my CS course.  When I started off at law school, the only area that I was exposed to was litigation because of my father. It was only when I began my course at the LSE — by which time I had finished by company secretary course — did I realise that I might be interested in pursuing a career in corporate transactional work. Backed by my experience at GMR Infrastructure, I joined HSB Partners, Chennai, which I believe has one of the best transactional practices in the city. Mr T.K. Bhaskar is a fantastic mentor to have. The exposure to direct client interaction at HSB is a huge advantage and boosts your learning curve and confidence. The interplay of law, finance and business while working in this area intrigued me. All of this led to my decision to set up corporate practice at AK Law Chambers.

    Tell us a little about your course in LSE, please. What are your views on both, pursuing an LLM and studying abroad for Indian law students, from a career point of view?

    At the LSE, I took courses on dispute resolution, project finance, contracts, international business transactions and trademark law. I was particular about taking courses that teach the law as a jurisprudential concept and not courses that are legislative specific to that region. While a one year program does not enhance one’s knowledge of the law drastically, there are three invaluable skill sets that one picks up, especially while studying in one of the best institutions in the world: One is the method in which you approach the situation on hand as taught by the some of the most qualified professors in the world at the university, two is the way in which fellow students from various jurisdictions, who are all top of their class at their universities, approach the same situation, and three is the drafting skill. In addition to the education, the program encourages you to live independently, manage your own finances and travel. All of this adds to the overall personality of a person and this shows in the way one handles a client, their drafting and presentation skills. Even though I went to the LSE straight after college, I would believe that pursuing an LLM after a couple of years of work experience would be a lot more beneficial.

    You interned at Allen and Gledhill LLP, Singapore. How did you choose and apply for that internship and how do you think it shaped your perspective?

    During my term at law school, I had interned with Mr. Uday Holla at the advocate general’s office, the National Human Rights Commission, New Delhi and Crest Law Partners, Bangalore. After working with offices that engage in different types of legal practice and gaining exposure to a variety of domestic legal work, I was keen on working with a foreign law firm to get international experience. Mr. Nakul Dewan was kind enough to accept me as an intern at Allen & Gledhill LLP, Singapore on their dispute resolution team. It was the first time that I lived by myself and worked outside the comfort of my home country. The internship taught me the work culture of a foreign firm, their attention to detail, the meticulous manner in which documentation is done and their focus on specialization.

    What work did you do at HSB Partners?

    At HSB Partners, over a period of four years, I worked in Mr. T.K. Bhaskar’s team. I was involved in private equity transactions, advising promoters and funds, joint ventures, mergers and acquisitions and also general corporate advisory work across several sectors including e-commerce, seaports, automobiles, technology and manufacturing services.

     

    You are a certified company secretary. What prompted you to pursue the degree?

    I had a fractured leg and was lying in bed when my father brought me a few forms and asked me to sign on it. Few days later he handed me some books for the company secretary course and said that the classes would start in a couple of days. That was how my tryst with the course of company secretary began! I believe that my CS qualification strengthens my knowledge on procedure and secretarial compliance of the companies act, SEBI, etc., which is an aspect that is often not delved into adequately by litigating lawyers.

     

    Tell us a little about AK Law Chambers.

    AK Law Chambers, a boutique law firm set up in the year 2013, focuses on litigation, arbitration and real estate work. I am now building the corporate-transactional practice. AK Law Chambers comprises fifteen lawyers and four partners, with offices in Bangalore and Chennai.

     

    Do you have any insights you would like to share with law students on a general or specific note, with respect to getting through law school?

    The most important thing during law school and early years of your career is to keep an open mind and focus on learning everything you can. Give every opportunity its fair share of time. Don’t let preconceived notions come in the way of learning.