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  • Shisham Priyadarshini, Partner, Rajani Associates on working at a corporate firm and specializing in project finance

    Shisham Priyadarshini, Partner, Rajani Associates on working at a corporate firm and specializing in project finance

    Shisham Priyadarshini graduated in law from L.A. Shah College, Ahmedabad. She started practice in 2003 and has worked at reputed firms such as Singhi & Co, Mulla & Mulla Craigie Blunt & Caroe and Thakker & Thakker and is currently a partner at Rajani Associates. Her core areas of practice include project finance and banking.

    In this Interview she talks about:

    • Importance of internships and scope of practice in the Corporate sector.
    • Advantages of working at a law firm and her experiences of the same.
    • Her take on the Arbitration and Conciliation Amendment Act, 2015
    • Her advice to students aspiring to build a career in Law.

    1. HOW WOULD YOU INTRODUCE YOURSELF, GIVEN THAT MOST OF OUR READERS ARE LAW STUDENTS, LAW ASPIRANTS OR PROFESSIONALS IN THE LEGAL ARENA?

    I am a first generation lawyer working with Rajani Associates, a law firm with the focus on supporting, advising and guiding the client across various domains of legal practice. My practice areas include project, project finance and banking and finance. I like to work on varied types of assignment and currently I am keen to develop the anti-bribery and anti-corruption (ABC) practice of the firm.

    I can just say that couple of years back I was one of you, reading words of wisdom of successful professionals and trying to draw motivation from them.

    2. ENLIGHTEN OUR READERS ABOUT YOUR ROOTS.

    During my early childhood I stayed in Jammu and then since my father was in Central Services, I moved from one city to another barely completing three years of education in any one school. I did my law studies from L. A. Shah College, Ahmedabad and then I came to Mumbai. Since then I have been working in Mumbai. So while my roots are spread in many cities but as a professional my career has shaped up in Mumbai.

    3. HOW ARE INTERNSHIPS HELPFUL FOR A LAW STUDENT? WHAT ARE THE OTHER OPTIONS AVAILABLE FOR SOMEONE INTERESTED IN CORPORATE PRACTICE?

    I feel law classes though very essential are quite theoretical and teaches the principles of law. It is during internship that you get an opportunity to apply your knowledge to actual matters. Internship is the first introduction to the legal profession. It offers an opportunity to explore the areas of practice which are generally the lesser known subjects of law and also introduces the interns to various interesting facets of law. Longer internships allow you to work on projects from start to finish and provides confidence and experience.

    It is also quite possible that you get an opening in the law firm where you are doing the internship.

    Corporate practice is dynamic. There is plethora of options available for someone interested in corporate practice. Besides the traditional practice areas like private equity, mergers & amalgamations, banking & finance one can even consider venturing into energy laws, maritime law, bankruptcy law, ethics and compliance.

    4. YOU HAVE WORKED AT SEVERAL LAW FIRMS IN THE PAST. WHAT FACTORS MADE YOU LEVITATE TOWARDS PRACTICE IN FIRMS AS COMPARED TO INDEPENDENT PRACTICE?

    Independent practice has its own limitations. While working in a law firms you get the mentoring of your seniors, which I feel is essential during the early years. In a law firm you get to work on varied assignments which enriches the experience and broadens the outlook. I have observed that big corporate houses are hesitant to approach independent practitioners, certainly not because of lack of talent but since they look for a one stop shop and a panacea for all their legal challenges. It was therefore an obvious choice for me to practice in a law firm wherein there is synergy of resources.

    5. YOU HAVE BEEN WITH RAJANI ASSOCIATES FOR MORE THAN A DECADE. CAN YOU TELL US ABOUT YOUR EXPERIENCE AT THE FIRM?

    Today when the attrition rate is so high I have managed to stay with Rajani Associates for over a decade. The credit for this goes to our Founding Managing Partner, Mr. Prem Rajani and to all the colleagues. They have provided a conducive environment to work and grow, from an Associate to a Partner.

    At Rajani Associates, I have been given the opportunity to work on unique and unprecedented matters, outside my core area of specialization. Though these assignments are time consuming, they have given me the maximum amount of job satisfaction, especially because of the learning curve involved in the process.

    I owe a great deal of my understanding of being a lawyer to Prem Rajani who with his guidance, support, patience and sense of humor has mentored my journey.

    6. WHAT LED YOU TO SPECIALISE IN PROJECT AND PROJECT FINANCE? WHAT DOES IT ENTAIL?

    I have always been keen on corporate and commercial law. While working with Rajani Associates, I got the opportunity to work on various project and project finance matters and over a period of time I developed a specialization in the same.

    It provides opportunities to work along with project participants for the development of ports, roadways, highways and social infrastructure including healthcare projects, development of new technologies for waste and water management. It involves rendering services right from the bid stage, to structuring the transaction, forming consortia, execution of concession agreements, project equity, project debt, documenting and negotiating commercial contracts.

    7. WHAT ARE THE QUALITIES REQUIRED TO BE A GOOD NEGOTIATOR? WHAT WOULD YOU DESCRIBE AS A SUCCESSFUL NEGOTIATION?

    To be a good lawyer, it is essential to be a good negotiator. I believe negotiation is not about winning or losing (as is generally construed). It is about varied interests converging on a common goal point and that is the successful completion of the transaction. For this one needs to have a grasp of the matter, do an honest assessment of the situation, be respectful and mindful of the requirements of the parties involved and provide straight forward and simple solutions.

    8. HOW HAS THE FACE OF CORPORATE LITIGATION CHANGED OVER THE YEARS?

    India like any other country has judicial, quasi-judicial as well as other alternate dispute resolution methods. The corporate litigation practice is part of the judicial dispute resolution method which has seen tremendous growth, especially with India opening up its markets, where the Indian judicial system has had to come to terms with the reality of globalization and liberation.

    With multinational companies setting up their business in India, the nature of commercial disputes have changed and today disputes are not only limited to dishonour of cheques, real estate, employment, labour disputes or consumer cases but are majorly in relation to private equity transactions, mergers & acquisitions, competition laws, commercial contracts, defaults in financial transactions (including lending and borrowing, hire purchase, finance lease) and enforcement of foreign awards.

    The Government has also taken several steps to ensure that the time taken to resolve the disputes comes down and litigation matters do not drag on for years. It has amended the arbitration law, passed the commercial courts bill paving the way to constitute the commercial courts to exclusively handle the commercial cases, brought in the Insolvency and Bankruptcy Code and notified the National Company Law Tribunal (NCLT), all aimed at ensuring faster disposal of cases. Even the tax department, one of the largest litigant, has also taken initiative to reduce tax litigation.

    9. WHAT IS YOUR OPINION OR TAKE ON THE ARBITRATION AND CONCILIATION AMENDMENT ACT 2015 ESPECIALLY THE RETROSPECTIVE EFFECT OF THIS AMENDMENT?

    The amendment carried out in the Arbitration and Conciliation Act, 1996, by the Amendment Act, 2015 is quite positive and a huge step forward to boost the commerce of India. The intent is to reduce the intervention of the court and expedite the arbitration proceeding.

    The retrospective effect of the Amendment Act has been discussed by Bombay High Court in the case of BCCI versus M/s Rendezvous Sports World and Delhi High Court in the judgment on Raffles Design International India Private Limited & Anr. versus Educomp Professional Education Ltd & Ors.

    The view taken by the Courts is that the as far as the Arbitral Proceedings are concerned, the Amendment Act shall apply only if the Arbitral Proceedings have commenced on or after October 23, 2015, i.e. the date of promulgation of the Amendment Act.  The Courts have further held that the Amendment Act  shall apply to court proceedings in relation to Arbitral proceedings, such as application for appointment of Arbitrator or setting aside of the award regardless of the date of initiation of such proceeding.

    In my view, the Amendment Act is applicable to “arbitration proceeding” and “in relation to arbitral proceeding”. This distinction has been made with an intent to remove the defects which prevailed under the old act.It is only logical that the amendments shall not apply to the ongoing arbitration proceeding, except when the parties have mutually agreed to the same. This is to avoid any change of law in the midst of an arbitration proceeding. 

    The issue of applicability of the amendments vis-à-vis arbitration proceeding and in relation to arbitral proceeding is presently pending before the Supreme Court of India.I am hopeful that the Supreme Court affirms the view taken by the Bombay High Court, Delhi High Court and the Calcutta High Court in this regard.

    10. ARE THERE ANY SETBACKS IN THE INDIAN JUDICIARY? IF YES, WHAT STEPS DO YOU RECOMMEND TO ERADICATE THESE SETBACKS?

    The biggest challenge faced by the Indian judiciary is the massive burden of the pending cases. It is a common man’s grievance that generally it takes years for the Courts to decide a matter.There is an acute shortage of judges due to delay in appointment and inadequate remuneration. If more judges can be appointed this will drastically reduce the pendency of the cases.

    Additional special courts, fast-track courts may be set up to tackle the issue of backlog of cases. Even the concept of mobile courts should be encouraged to bring justice at the doorsteps of litigants of far-flung remote and rural areas. Lok Adalats, an informal, alternative mechanism can be encouraged especially in pre-litigation matters, settling cases before they become full-blown disputes being referred to the courts.

    11. WHICH IS THE LATEST NON-LAW BOOK YOU HAVE READ? TELL US ABOUT IT.

    Though not a latest one, the non-law book which I am currently re-reading is ‘The Monk who sold his Ferrari’ by Robin Sharma. I feel this book is relevant for every professional.

    12. DEFINE ‘CREATIVITY’. HOW MUCH GRAVITY DO YOU EXPERIENCE TOWARDS CREATIVITY?

    For me creativity is the ability to do new things, find new ways, think out of the box and provide solutions. I certainly feel creativity is very important and especially for a professional. Though an oxymoron, it is said that stress reduces creativity but it is also true that creativity reduces stress.

    13. HOW DO YOU DE-STRESS WHEN NOT AT WORK?

    I like to hear old Hindi songs, play with Bruno, my one and a half year old pug and cook when time permits.

    14. YOUR ADVICE TO ALL THE YOUNGSTERS OUT THERE ASPIRING TO BE SOMEONE GREAT INCLUDING YOUNG BUDDING LAWYERS.

    Today legal profession has been commercialized and in the bargain at times people end up compromising on ethics.

    My advice all the youngsters is to be a good and ethical professional and success will follow. In your pursuit for success do not ignore your family and friends who are your support system.

  • Shashikala Gurpur, Director, SLS Pune on choosing academics, securing scholarships and higher education

    Shashikala Gurpur, Director, SLS Pune on choosing academics, securing scholarships and higher education

    Dr. Shashikala Gurpur graduated in law from Mangalore University in 1988, she is currently the Director of Symbiosis Law School, Pune and Dean of Faculty of Law, Symbiosis International University. Dr. Gurpur is a recipient of the Fulbright Fellowship as well as the Legal Education Innovation Award of SILF-MILAT in 2011, in addition to being the recipient of many other such prestigious accords since then.

    Dr. Gurpur had been the winner of many distinctions and awards which she received throughout the length of her law studies. Today, she holds the reputation of having held office as member of the Law Commission of India and having taught at the National University of Cork, in addition to having co-authored two academic books and carried the role as constituent of Editing Boards of various foreign/ international journals.

    In this interview, Dr. Shashikala Gurpur will be talking about

    • Choosing law and academics and a professional line
    • Legal education in India today in a comparative context
    • Community Legal engagement in SLS Pune and beyond
    • Contemporary professional prospects and requirements

     

    How do you feel about receiving Lexis Nexis’ 100 Legal Luminaries Of India?

    Thank you, I feel that sincerity and hard work always get noticed and honoured. I dedicate this honour to my parents, mentors, my family, the team, students and management of SLS, Pune as well as the institutes and the generation of students I have been engaged with.

     

    How would you like to introduce yourself to our readers?

    The choice of law as an educational avenue is I believe a deep calling unto healing the evils of society and to serve the mission of justice. So, praise yourself if you have made that choice. However, getting into a good law school requires planned preparation right from high school itself. I had completed my high school education in vernacular medium at a municipal school; my primary school was strongly national with the undertone of largely Gandhian values. While still in my early childhood and college years, I had already gotten a taste of politics and implications of communal violence, untouchability and feudalism.  A particular sensitivity to nature and society were cultivated in me from my household and ancestry. My paternal grandfather was a herbal healer for no fee. My maternal grandfather was a village chief. My maternal grand uncle ran a tribal residential school. My father ran a one person justice mission preventing and resolving disputes and protecting the meek. Nevertheless, taking the route of law and legal education was actually thrust upon me by my family property mired in litigation.

     

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    You have taken lectures and seminars at famous institutions abroad. What must be done so that our own legal education system can be at par with global standards?

    At the present moment, the gap seems to be narrowing. Legal education systems in the advanced law schools of the world are profound in corporate, qualitative higher education as well as in prioritizing knowledge creation and student transformation, but the top Indian law schools are also nearly there now. In India, constant check should be maintained to see that the gap between ideal and real remains adequately compensated. Changes are on the anvil. Our different strata or tiers must be uniform. The top and the bottom in the ranking band of the west have one to three percent difference. In India, the top ten have a total of 45% difference in scores.

     

    Your vast experience in legal education in India and abroad must have brought in new ideas for SLS Pune. How would you describe the environment that the institution fosters?

    SLS Pune inculcates the values of hard work, fraternity, excellence and public service. When we received the prestigious Herbert Smith Freehills Community Engagement Award this year, for an institutional body such as our own with the overarching erroneous perception as an ‘elite’ law school, it felt the same as winning an Olympic medal. At SLS Pune, we always have close monitoring of quality and excellence. We believe in fostering human and national development using legal education as a tool. Our university’s vision and mission and our Founder’s life and philosophy stand as testimony and inspiration to that end.

     

    Which among the following do you think is important for instilling legal knowledge – practical knowledge and/or theoretical knowledge?

    A judicious mix of both with competency, courage and collaboration along with profound core ability to stand up and defend would seem to be the perfect requisites for a holistic legal personality.

     

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    A strong alumni community being one of the most crucial factors behind an institution’s success, how closely do you think SLS Pune works with the alumni and in what ways?

    Every year, we arrange a meeting of our alumni at least twice. They even engage as employers, work buddies, mentors, teachers, clinical trainers, mock judges, advisors, and role models, moot and overall mentors. They consider the institute as their friend in need as well as an extended family.

     

    What is your opinion on start-ups and new business ventures as an alternative to traditional litigation and corporate jobs?

    Start-ups throw up great possibilities as well as provide better time allocation for quality work-life balance, in addition to enhancing innovation. At SLS Pune itself, we have had an Entrepreneurship Cell created just recently in the year 2014. We have at least a dozen start-ups created in the last three years and a host of alumni specialising as start-up consultants. This year, with support from the university as well as from the Symbiosis Institute for Business Management (SIBM), we are hoping to further scale up such efforts.

     

    What message or advice do you want to pass on to those who are passionate about vocations in human rights and policy research as opposed to landing corporate jobs?

    It depends very much on how you hold on to this work over the years and what skills you acquire. My advice would be that you develop a profound array of skills and abilities and that you maintain your deep passion and drive towards such aspirations.

     

    How did you choose to pursue a career in academics over practice? How would you advise law graduates and lawyers about this comparatively less charted path?

    I had made this choice by compulsion, by reason of being a first generation lawyer in a farming family and the first female graduate in generations. Women were not encouraged in education or career in my ancestral past despite being owners of land and the existence of a matrilineal culture. Another reason was that my aspiration of practicing/choosing litigation had already gotten fulfilled by the time I graduated by way of my engagement in our familial property disputes, which were settled out of court due to my informed initiative. We have a dearth of proficient teachers nowadays. Quite apparently, the law school demand has gone up in recent years, hence teaching now pays reasonably well. On the other hand, the value of teaching has always had a manifold yet discreet effect in shaping the generations of legal leaders.

     

    What according to you are the necessary skills the lawyers of tomorrow need to possess in order to make a mark in the practice or to place a job in the current scenario?

    To carve out a niche for oneself, especially in the present scene, one must be possessing competencies in several areas, predominantly in thinking out of the box, possessing problem-solving capacity, oral and written communication abilities, research skills and advocacy skills. The right internship is ultimately about aligning opportunity with one’s career/professional goal and not simply accounting for association with top names in one’s CV. True mentorship is what can help you to change or transform yourself.

     

    How do you think a law student can build up his or her profile to attain scholarships or get admissions at the premier universities abroad?

    Build your profile in accordance with the criteria of the respective universities/institutions of your choice. Ensure academic excellence with a minimum 3.5 CGPA. Be among the top ten to fifteen percent students. Enrich your CV, indicating profound legal engagement. Show research experience with a minimum of five standard publications. These will win you scholarships which may ultimately help reduce the cost of your LLM programme.

     

    How do you manage your academics and work life balance? What keeps you motivated to keep working for the betterment of your institution and the legal profession?

    Well, let me confess here that I was quite often thrown completely off balance! The X-factor you mention would be definitely taking one’s job as a service to humanity and the nation (and in my case to my loving son and my students). In brief, it is about seeing the universal mother’s manifestation in every deed and seeing dharma or balanced order as an unfinished endeavor of justice.

     

    Please share with us an experience from your life that makes you feel that it was definitely of utmost worth in choosing law as a profession and teaching as a career?

    In the early days of my career, I spent 50% of my time helping the poor to get access to justice. I introduced students to community based law reform. One especially memorable instance of our reach-out efforts was when we guided an agrarian worker woman to admit her intelligent daughter to a college; she would later scale to a much higher social status as a competent business woman. When the poor and helpless look up to you as credible source of support, when a gleam of truth touches upon you as you journey with your students in class to a higher level of learning, when the alumni of your institution write and recall such inspiring moments, and when you see your junior colleagues or students surpassing and outgrowing your achievement, those are the times when you can fully appreciate the legal profession for what it is and what it is capable of achieving today, and I have experienced all of these moments.

     

    What message do you want to pass on to the readers (aspiring lawyers, legal professionals or anyone related to the law)?

    Take your work in the form of a service to your fellow human beings and as contribution to the greater universal design. Align your life’s overall purpose with what you do as a profession and always keep the spirit of dharma or duty burning in your heart.

     

  • Bharat Chugh, Rank 1, Delhi Judicial Services, on resigning from judgeship and returning to civil and criminal practice

    Bharat Chugh, Rank 1, Delhi Judicial Services, on resigning from judgeship and returning to civil and criminal practice

    Bharat Chugh graduated in law from Jamia Millia Islamia in 2011 and thereafter began practicing independently, taking up cases involving a wide range of legal issues, both Civil as well as Criminal.

    In 2013, at the age of 23, he secured first rank in the prestigious Delhi Judicial Service, in all the three stages of the exam. He joined the Delhi Judicial services as the youngest to crack the exam in his batch. After three and a half years of being a magistrate, he recently decided to resign and return to the practice of law.

    He is also an avid writer, currently working on two books and has various publications to his credit. He is also extremely passionate about mentoring ‘future judges’ and contributing to ‘judicial education’.

    With his combined work experience both in litigation and Judgeship, he talks to us about:

    • His introduction to the Legal Profession
    • The need to reform the system of education
    • Trials and Triumphs in Independent practice
    • His experience of acing the Delhi Judicial Services
    • His return to Litigation

     

    How would you introduce yourself to our readers.

    I graduated in law from Jamia Millia Islamia in 2011 and entered the bar at the age of 21; I practiced law independently for about one and a half years before being selected in the Delhi Judicial Service. I joined as a Civil Judge/Metropolitan Magistrate at the age of 23 years. After heading various criminal/civil judgeship assignments and an extremely fulfilling career as a judge, I decided to return back to my first love – the practice of law.

     

    Tell us a bit about your initiation and experience with law.

    My father was a practising lawyer, however my initiation in law was by no means a conventional one where a father hands over the baton to his son. My father’s law practice was brought to an abrupt halt when he had a massive stroke. I was 6 years old back then. As a result of which our family’s financial position became extremely precarious. I figured out that a regular school education was not only a needless (and avoidable!) expense, but also kept me from working. I had to contribute to my household in terms of finances, to keep it running. Yes! I am essentially a drop out and left regular schooling after 8th Standard. However, I continued my education through the Open School, frog leaped some classes and ended up gaining two years in the process. I kept working alongside.

    By the age of 13-14 years, I was already accompanying my father to the court, drafting pleadings and arguments. When my classmates were learning the first principles of science and math, or just plain fooling around, I was handling my father’s law practise from a small seat near State Bank of India, right below Tis Hazari Old Nazareth Branch, under the stairs, which was our headquarters. It used to be the hub of all activity. A lot of learning in the actual ways of law happened by osmosis by just being in the middle of the action. Like any other 14 year old, I was at times happy on being excused from the drudgery of banal school work, and at others upset over being plucked rudely from the comforts and certainties of a normal childhood and all that comes with it. However, the early initiation in law, gave me a sense of fortitude and a ‘I can deal with whatever life throws at me’ attitude. I also taught computers, designed websites, worked in a Call Centre for a brief while, just to earn those extra bucks each month. However, what at first blush may appear to be a setback, turned out to be a huge advantage. The exposure to work ethic and law, at a very early age gave me a head-start. Though, I was missing school classes, I was learning some valuable life lessons. This was how I also managed to work my way through college and entered the profession.

     

    “No two persons can learn something and experience it in the same way.” Can this is said to be applicable to the system of education in india both law and non-law? Tell us about your experience

    I would agree with that. This also explains how different eye witnesses to the same incident give different accounts of it. This also emphasises the need to shift from a conventional text books based learning to experiential learning. It is quite meaningless to talk about isolated learning, especially in the discipline of law, divorced from experience. I must say my early initiation into law and education in the university of adversity and hard knocks of life, set me up in good stead for a career in law.

     

    How do you say a law student can shape up his profile for litigation while still in law school? Does academic writing help?

    A practising lawyer’s language is his foremost stock in trade. Law Students should work on their verbal as well as writing abilities. The ability to articulate even the most complex of issues clearly and succinctly is extremely important for a lawyer. The most successful lawyers are often the people who know the most and can present it most articulately. So while in Law School one should soak up as much as one can. Master your legal concepts. Discuss with your peers, ask questions, attend talks/lectures/seminars. Mooting is also extremely important. It gives one a sense of what it means to be in a court room. I participated in as many moots/quizzes as I could, and as they say, each drop of sweat in practice, saved blood in War. Mooting helps one develop that quality of being able think on one’s feet. It’s like being in a bouncy, even if you fall you don’t get hurt

    Academic writing does not only look good on the CV, but helps one understand the first principles of law better. This also helps a student hone his drafting skills.

     

    How important do you think are internships for a law student? What sort of internships did you do while in college?

    Internships are extremely important. I interned with Sr. Advocate Sh. KTS Tulsi, Delhi Legal Services Authority. I also assisted Dr. Tamara Relis from the London School of Economics in some research projects. I also worked briefly as a correspondent for a Law Magazine ‘Legal Era’. All these internships give on quite an insight into law-in-action and an opportunity to survey the legal scene from the shoulders of giants. Throughout this, I also kept assisting my father in his law practice.

    I also did a lot of legal aid work in Law School. Me and my friends started a 24 X 7 Legal Aid Cell, and worked in active collaboration with Delhi Legal Services Authority on a lot of projects. These projects gave us a ringside view of the law. The legal aid projects, which were totally selfless, did finally pay off. After I graduated, these cases would go on to be my first briefs and help me enormously in my initial phase as an independent practising lawyer. (Call it Karma!).

     


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    Soon after graduation, you began practising. What challenges did you face in the initial days at the bar? Any memorable trial court experiences?

    Soon after I graduated, I observed a huge vacuum in traditional litigation scene. In this vacuum – I, as a 21 year old lawyer, saw opportunity. Everyone wants to be a Senior Advocate, but few are willing to pull all-nighters for an important case. I used to take up briefs for what people will consider a pittance, and tried to deliver the best service possible. My previous legal aid experience, publications and frequent court appearances ensured that briefs (though not too well paying initially!) still kept me busy.

    During this time, I got to advise my clients on a wide range of legal issues including Criminal Law, Bail Applications, Injunctions, Conventional Civil, Contract, Property and Commercial litigation, Arbitration, Writ Petitions, Cases relating to Negotiable Instruments, Financial Fraud and Cheating, Matrimonial/Inheritance/ Succession/Guardianship and Custody Laws. I had many overseas clients to whom I rendered advise on various issues relating to interface of foreign law with Indian Legal system, enforceability of foreign judgments/awards in India, anti-suit injunctions, etc. Some very vexed issues indeed !

    My favorite court room triumph came in a divorce case where I was cross examining. This was one of my first cross examination cases and I was still pretty naïve in the art. It was a case where I was appearing for the husband in a divorce petition, where he was seeking divorce on the ground of mental cruelty, as his wife had filed a false 498A/ 406 IPC case against him. She had alleged that my client had kept the entire articles of her stridhan and thereby committed criminal breach of trust. The witness in question was the lady’s brother, who had come to depose as to ‘how dutiful his sister was, and it was my client who had treated her cruelly’. As soon as that middle aged North Indian Punjabi Man came into the witness box, I could already see the anger in his gait. He appeared to be a man with an acute sense of honour, and I knew that this potentially might turn out to be his Achilles heel. I planned to hurt his credit and let him burn on his own. I asked him and I remember the exact words :

    ‘I put it to you that you have sold all your sister’s gold articles, and misappropriated the money!’ He just blew his top off on this one and launched a scathing attack on how insensitive I was. I politely reminded him to answer the question first. He blurted out “That is incorrect!” He further volunteered: “It still remains with us”. I immediately followed it up with the finishing coup de grace and drove the proverbial last nail in the coffin: “but you haven’t brought it to the court! You’re lying!”

    He agreed to bring it to the court on the next date of hearing. I got these two answers recorded and concluded the cross examination. Through these two questions, we were able to demonstrate that the 406 IPC charge levelled against my client was false. If we would have asked him whether they had the gold or not directly, he would have clearly denied the same. My client won the case eventually, and this rather damning admission was one of the factors that weighed heavily with the court. A case won by a single question, and a killer argument; nothing compares to this high. One doesn’t need food or drink for days. This made me really happy and yes, the word spread fast, it fetched me a lot of good clients.

     

    Prior to entering law school, did you ever wish to be a judge? What motivated you to apply for judicial exams?

    Frankly, No. I shared the prevailing stereotype that one doesn’t get to be judge, unless one has more salt than pepper in his hair. I had never imagined I’d be a judge at 23. Since I was initiated into law when I was still 13-14 years, I always wanted to be a lawyer. In my fourth year of law, I got hooked to reading great Judges like Justice Chinappa Reddy, J. Krishna Iyer, J. Chandrachud, Lord Denning, Oliver Wendel Holmes, Lord Atkin & Justice H.R.Khanna, amongst many others. They inspired me a great deal. I was fascinated with how these judges breathed life into the dead letters of law by creative interpretation, fashioned remedies, where they apparently were none and did substantial justice. During this time only, I first got enamoured with the idea of being a judge. I have seen a lot of injustice and inequity early on in my life, my heart used to be rankled at each injustice. This was a beautiful opportunity to be a part of the solution and actually dispense ‘Justice’. A service that allowed one an enormous ability to correct injustices, contribute to the evolution of law, and at the same time, quench one’s penchant for writing.

     

    What is the structure of the exam and how did you prepare for it? What motivated you to accomplish such a feat?

    (Not only did Bharat secure the first rank in the Delhi Judicial Service Examination but he was also the youngest to do so.)

    I started studying for the Delhi Judicial Service Exam, alongside law practice. I also took took preparatory classes with Mr. Rahul Yadav of Rahul’s IAS (fondly called ‘Rahul Sir’) at Mukherji Nagar, Delhi. The time at his classes did wonders and really helped me build a strong conceptual base and made my job much easier. I also started teaching my juniors in whatever time I was left with after court, classes and my own studies. It dawned on me that the best way to master a subject is to be able to teach it. All in all, I used to spend at least 8-9 hours a day either studying or teaching.

    Armed with about a year of preparation, I appeared for the Delhi Judicial Service Examination (in short ‘DJS’). To give one a fair idea: DJS exam is not rote based exam and is based on real life cases, involving extremely vexed questions of law; issues that have arisen in the recent times before the courts. The examination has the distinction of being the toughest judicial service examination in the country. It is spread over three stages, first stage is the prelims – which is objective type; the second stage consists of 4 written exams which are subjective and test one’s ability to write well, followed by an interview/personality test. The exam is intensive and requires the student to don the mantle of a judge and write proper orders/judgments. The preparations are strenuous but extremely fulfilling for someone who likes to grapple with legal issues.

     

    How did you feel when you got to know about your excellent scores in the judicial services? Please share with us your experiences thereafter.

    On the day the results were declared, I was arguing a bail application before the High Court. I was ecstatic to find that I had not only cleared the exam but also aced the exam, in all the three successive stages. I was also the youngest at 23 (or rather, the least experienced!) in my batch. I must confess that I was on the horns of dilemma when the results came out. I enjoyed the practice of law immensely and it was hard to let go-of. After thinking days and nights on the trade-off involved, I finally came to the conclusion that ‘a life of reticence’ was a small cost to pay, to be given this opportunity to do so much good. The existing clients, who had reposed great faith in me, were naturally a little sad about it, but happily moved to my friends/associates who took my cases over, making my transition smooth.

    At 23, I took the oath of office on 28th May, 2013. The text still sends adrenaline rushing down my system, each time I read it, and the text will be incomplete if I don’t reproduce it in full :-

    “I, Bharat Chugh, having been appointed a judge, do solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established; that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of ability and knowledge and judgment perform the duties of my office without fear or favour, affection or ill- will and that I will uphold the constitution and the laws. “

    As Wordsworth puts it ‘Bliss was in that dawn to be alive; to be young was very Heaven’. I took over my first judgeship assignment in June, 2014 as a Metropolitan Magistrate (NI Act), Tis Hazari. Life had come a full circle, so to speak; My father had started as a typist in Tis Hazari only, roughly four decades back, and I also began my career from here only as a judge. He was ecstatic to say the least. I had fulfilled the promise that I had made to him. I wanted and always tried to make a meaningful difference to people’s lives and hence took it up.

    I did not find the transition very problematic. My essential duality as a lawyer, and the ability to argue both sides, was never a hindrance in judging. In fact, it helped me appreciate both sides of a question even better.

    On the essential qualities of judging, As Socrates says ‘four things belong to a judge: to hear courteously, to answer wisely, to consider soberly, and to decide impartially’. This, I must confess, is an extremely tall order to go by, but I always tried to abide by this principle. The art of active listening isn’t easy, but once mastered, is worth its weight in gold. One learns a lot that way. I learnt so much from counsels who I had the privilege of hearing in different cases.

    A judge’s life is not easy; it is, in a lot of ways, a hermit’s life. It requires reservoirs of patience that run deep and never dry up. Social Contact is quite limited. But all this, as I’ve said earlier, is a small cost to pay for being able to dispense justice.

    I had the opportunity of writing judgments in countless cases that kept the pangs of writing satisfied. Though arguing was something I always missed.

     

    Law students aspire to join practice, judiciary or the civil services but usually tend to shy away from providing legal services and see is as a chore. Is such an attitude advisable?

    No. Judicial Services or Civil Services is extremely fulfilling. It does require a lot of preparations but let us not forget that knowledge does not go to waste ever. Even if someone does not make it to the exam, the knowledge holds the student in great stead, throughout their lives. In a knowledge driven economy, the man with knowledge wins sooner or later. I know so many people who were extremely capable, but for some reason could not clear the exam, but armed with such great knowledge entered practice and did extremely well.

    As regards litigation, I agree there are enormous challenges for a young litigator, and the going is extremely tough, at least in the initial few years, especially if one has no legal background. It is also extremely demanding insofar as an individual lawyer has to divide his time between attracting clients and core legal work, however, nothing takes away from the fact that the struggle is extremely sweet, and those three minutes in court kind of justify everything.

     

    Can you tell us about the training you received at the Delhi and National Judicial Academies. Is there in a need for reform in training programmes of judges?

    After taking the oath of judgeship, I, along with my batchmates underwent one year of extensive induction training at the Delhi Judicial Academy, Dwarka which included – academic sessions as well as hands-on experience in court management, docket management and court craft. We, along with our seniors – presided over various judgeship assignments, such as Civil Judge,, Guardianship Court, Metropolitan Magistrate, Crime Branch court, Special Court for cheque bounce cases, Special Court under the Prevention of Corruption Act, Sessions Trials etc. The Training at the Delhi Judicial Academy is truly transformative. The academy works as a think tank and training institute for newly recruited and existing judges.

    I was also fortunate enough to be at the National Judicial Academy, Bhopal for a brief time and it was truly enlightening. One gets to interact with judges from across the country and exchange best court practices. It is an opportunity that no intern/scholar/judge should miss.

    The training programmes are quite comprehensive and inter-disciplinary. It would be a great idea for the academies to also introduce courses in comparative legal positions in foreign countries and the psychological aspects of judging, heuristics and logical fallacies, which are extremely important for a judge to know.

     

    Any memorable judging experiences that you would like to share with our readers?

    There are many actually. There is one that I remember off-the-cuff. I was acting as a Railway Judge, for a brief time, as an additional charge (called the link judge), where I was aghast to find that young men and women were being prosecuted for begging/selling tea on the railway platform under an archaic provision of the Railways Act. This was a classic case of, what one author calls, ’Criminalisation of the Poor’. The sight of these unfortunate people mired in poverty, and disowned by the State moved me a lot. I gave voice to my anguish in one of my poems called the ‘Confessions of a young judge’. This gave me sleepless nights, and I had to find out a way to help them, of course within the framework of law. The relevant provision in the Railway Act clearly prohibited such an activity; However, convicting them will amount to me being a court of law and not a court of justice. Taking cue from Justice B. D. Ahmed’s remarkable judgment in Ram Lakhan v. State (2006), I dropped proceedings against many of these people, invoking the doctrine of ‘necessity’. I ruled that: A person was excused from the crime of begging, if he begs in order to save himself from starvation and a certain death. I wrote, with great anguish, that if the so called welfare state could not provide basic necessities for these people, it had no right to prosecute them. These orders were never challenged by the State before the higher echelons, which was undesirable insofar as a judgment by the High Court on this point would have had a wider coverage and could have provided a much needed security cover to these forgotten souls and benefits would have trickled down on a much wider scale.

     

    The judiciary today is in crisis due to the excessive backlog of cases. Can mediation be a solution to this crisis? Is there any other form of adr which can be looked upon as a potential solution?

    Backlog is a huge issue. Courts are crumbling under pressure. Too many cases on the board deprive cases of the personalised care and attention that they deserve. With such work pressure, it is indeed a challenge to maintain quality not just in the final judgment, but also in the process. I worked in my first assignment for one a half years. It was one of the heaviest courts with over 5000 cases; I managed to dispose of about 3800 cases in the first one and half years. I tried to implement new court and docket management strategies.

    Mediation and ADR is, of course, the way forward, not because of the system’s inability to deliver timely justice, but because of the qualitative worth, finality and superiority of a decision arrived-at, by the parties themselves.

    In order to further the cause of ADR, I also made a reference to the Hon’ble High Court of Delhi on a question of law relating to ‘Mediation/ADR in Criminal cases’. The reference was subsequently entertained, amici appointed to assist the court. A landmark decision is expected on that point which would streamline the mechanism of ADR in criminal cases !

     

    You recently returned to the practice of law after resigning from judgeship. What were the factors which influenced you to do so?

    All in all, after a three and a half year, and a rather fulfilling stint at judging, I decided to once again return to the practice of law. I sorely missed being able to practice law in the last three and a half years. Once a lawyer, always a lawyer as they say ! I also missed being able to write and teach. Having fulfilled the promise made to my father, I had certain promises to keep with myself and this is but the first step in that direction. Whether I’ll be able to redeem those promises is something that time will tell. But, for now, as Shakespeare would say, there is method in my madness !

     

    What would be your parting message to our readers?

    There is no substitute for hard work in law. I’ll quote Justice Joseph Story when he said “The law is a jealous mistress and requires a long and constant courtship. It is not to be won by trifling favors, but by lavish homage.”If you are able to do that – there is little else that you’ll need ever again !

  • Ramanand Mundkur, Managing Partner, Mundkur Law Partners, on building his career in corporate law

    Ramanand Mundkur, Managing Partner, Mundkur Law Partners, on building his career in corporate law

    Ramanand Mundkur graduated from National Law School of India University (1989-1994). He is the managing partner of Mundkur Law Partners, and heads its corporate, M&A and life science practices. He has over twenty years of international work experience, having previously worked with the International Monetary Fund in Washington DC, the United Nations in Geneva, and Arthur Andersen in India before setting up MLP in 2007.

    Ramanand won multiple academic gold medals when graduating from India’s leading National Law School, and also holds a master’s degree from Harvard Law School, where he was a Langdon E. Gammon fellow and a Myer and Etta Dana scholar. He is qualified to practice law in India and New York.

     

    In this interview he talks to us about:

    • His areas of interest in law.
    • His experience at International Monetary Fund in Washington DC.
    • How his experience at Harvard prepared him for a life of academic prestige and professional success.
    • What he looks for in a typical cover letter and CV.

     

    How would you like to introduce yourself to our readers?

    I’m a corporate and transactional lawyer, based out of Bangalore.

     

    What led you to choose legal profession?

    I entered law school entirely by accident. A friend suggested me to appear for the NLSIU entrance exam and I got in. But after the first class at NLSIU (which I still remember vividly, with Dr. Menon repeatedly asking us “What is law?” and no answer being complete or satisfactory), I was hooked. I can’t think of any other subject or profession that provides the intellectual fulfillment that law does.

    So while I might have chosen law school by accident, I chose the law as a profession very deliberately. I suppose we were incredibly lucky to have been around when NLSIU was just set up, and to have that fantastic group of teachers who kindled our passion for the law.

     

    What were your areas of interest in the law? Did you engage in extracurricular activities while in college?

    One of my greatest difficulties has been identifying one or two “areas of interest” in the law—I found them all fascinating. I probably chose corporate law and public international law because they offered economic stability fairly early in my career and because the other areas of law e.g., constitutional law, criminal law, property, evidence, etc. didn’t appeal to me.

    Being part of the first few batches of NLSIU, I was lucky enough to be able to participate in pretty much all the extracurricular activities on offer: mooting, debating, quizzes, theatre, music (a bunch of us euphemistically called ourselves a band), cricket, football and whatever else was available to us.

     

    You have worked with the International Monetary Fund in Washington DC. Please share your experience.

    The Fund is a fantastic place to work at and I miss both the people there and the work I did. As a lawyer, I initially worked on the legal aspects of Fund relations with member countries (both borrowing countries as well as other Fund members). Over time, the scope of work widened to cover issues such as the Fund’s internal governance rules (including quotas, voting rights, criteria for recognition of new sates and representation) and technical assistance to certain member countries.

     

    As a Managing Partner of the firm, what is an average day at work like?

    It’s not as attractive as I hoped it would be. A large part of each day is spent on purely administrative issues. Moreover, because we’re a boutique firm, one has to wear many hats—advising clients, bringing in new work, ensuring we stay current with changes in the law, dealing with HR issues, managing firm finances, dealing with firm IT issues, all the way through to being “chief bottle washer” whenever required.

     

    How well did your experience at Harvard prepare you for a life of academic prestige and professional success?

    Harvard is probably the finest example of an enabling environment. As a student there, you’re surrounded by extremely bright, self-motivated individuals and achievers, with infrastructure and resources that are the best in the world. The faculty is outstanding and their areas of work and research are invariably cutting edge or path breaking. At times I felt one could learn and grow just by being there.

     

    What do you want to say to the next generation lawyers? Which are the growing areas of law where a new law student or young lawyer can focus and distinguish himself?

    Questions like that tend to be a little depressing (and ageist)—I’m definitely in no position to take on the role of an avuncular eminence grise—advising “the next generation” of lawyers. One bit of experience I would share with law students, though, is to not chase “growing” areas of the law or the next big thing. Instead, and this is pretty obvious: if you do what you enjoy, you’ll find that you enjoy doing what you do!

     

    Do you take interns? What do you look for in a typical cover letter and CV? How can interns manage to get positive feedback in the limited time they have?

    Yes, we do have an active internship program that works directly with certain law schools. The law schools that we work with in this regard send us CVs of suggested candidates from their senior batches, and we offer internship slots to those candidates through the law schools. As a result, we often find we don’t have slots available for individual applicants, who haven’t applied through their law schools. We encourage law schools to sign on to this program, and the schools’ placement officers can write to us at careers@mundkur.com for this purpose.

    With regard to cover letters and CVs, we look for candidates who have a consistent and reasonably strong academic, and who demonstrate that they’ve spent some time thinking about why they want to apply to our firm, and why our firm might benefit from hiring them.

     

    What would be your advice to our budding lawyers?

    I think this question has been answered. And it also reminds me of one other piece of advice I got early in my career and I’m happy to share with budding lawyers: it’s very important for a lawyer to know when to stop speaking.

  • Satish Kumar, Global Head – Legal, Ramco Systems, on a career as an in-house counsel

    Satish Kumar, Global Head – Legal, Ramco Systems, on a career as an in-house counsel

    K Satish Kumar graduated in B.Com and thereafter qualified in law in 1995 from Sambalpur University, he is also a Certified Management Accountant from ICWAI. Having worked at multiple corporate bodies as an in-house legal counsel, Satish is currently the Global Head – Legal at Ramco Systems in Chennai. Satish additionally has several publications to his name and has done much work in the way of Pro Bono activities to give back to society.

    In this interview, Satish talks to us about:

    • His introduction to the legal profession, and his experience as a lawyer since then.
    • His plethora of publications, and his advice on the best way to go about writing and publishing articles
    • Pro Bono work, giving back to society, and the ways in which he keeps up to date with the ever-changing subject that is Law

     

    How did you choose Law? Did you always know that this was what you wanted to do?

    In fact my choosing law was not deliberate and intentional. I started my career as a Finance Professional after completing my ICWA (currently known as CMA). I had parallely completed my Law Degree as well. However, Finance and Legal being closely related, I found out that I had a good aptitude for Law. That is when – even after starting my career in Finance – I switched over to Law, and with God’s grace, I am doing well and creating a niche for myself in the Legal Profession.

    In any organization, the Legal Unit are always regarded as the “Deal Makers”. You also resort to Legal when you have to be bailed out of any crisis. Legal plays an important role in “Crisis Management”. So the Legal Unit becomes most important either way – be it bringing revenue to the organization or pulling it out of some crisis. These are some of the selfish reasons which made me swing sides to Law.

     

     

    You have a lot of work experience, from working at a vast array of places. Can you tell us a little about your career graph up to this point?

    satish-kumar-4Yes, I carry more than 20 years of rich working experience in multiple MNC’s. I am very passionate about Law and that is what made me a Successful Professional.  I have working experience from Fortune 10 companies to Indian grown or growing companies like, HCL Technologies, Polaris Financial Technology (later on the product division split to Intellect Design Arena Ltd), Ramco Systems Ltd. I was fortunate to get the right breaks at the right time. I also carry some critical experience working abroad. So truly, I became a Global and a Cosmopolitan Professional.

    However, initially I started off my professional working in few indigenous companies in India. But I was fortunate to work with some industry trendsetters.  My desire to learn new businesses and passion to explore all new possibilities has helped me in my career growth progression.

     

    You have received lot of awards in your career. Can you please tell the young lawyers few things about it, please?

    Yes, I am the proud winner of many awards during the progression of my career, both abroad and in India. I have successfully negotiated and closed many contracts, structured and finalized joint ventures, cross border investments etc. I was also successful in closing many litigations. There was a time when my colleagues used to call me “the person with Midas’ touch”. In Polaris I was also called “The Deal Maker”.

    For all the achievements mentioned above and others, I was the proud winner of awards like

     

    • Konark Excellence Award
    • Gem Award
    • America’s Most Wanted Person by US Sales Team
    • Annual Excellence Award
    • Person Making a Difference

     

    You have a great deal of publications to your name. Do you write about things you think are relevant and have scope for research, about things that interest you personally, or is it a blend of the two?

    Yes, this is a very interesting question. I am happy to have many publications to my credit. I love writing – writing on relevant current Legal topics. I have written on Risk Mitigation, Open Source, Rent Control Act, etc. Some of my writings are also published in National and International Business Journals. Someday, I am sure my wish of publishing my own book on Legal topics is going to come true. Some of the links to my publications are given below.

    • Article on “Software companies can hedge against risks, with insurance cover.” Published in Business Daily “Business Line” dated April 6, 2009

     

    http://www.thehindubusinessline.in/ew/2009/04/06/stories/2009040650090300.htm

     

    • Article on “Closure of Business Deals” Published in Business Daily “Business Line” dated August 20, 2007

     

    http://www.thehindubusinessline.in/ew/2007/08/20/stories/2007082050100300.htm

     

    • Article on “Open Source Software – sans the risk” Published in Business Daily “Business Line” dated November 19, 2007

     

    http://www.thehindubusinessline.com/ew/2007/11/19/stories/2007111950090301.htm

     

    Could you also please tell our readers interested in publishing their own work what you think the best way to go about the same is?

    You should first start writing on subjects that is of interest to yourself. Writing on things you are passionate about will help further to strengthen your grasp of the subject. One may start first writing blogs and over a period of time these blogs can be converted to articles and reports in business journals. You should take care of the following while writing.

    As a first step you should select a topic that interests you, and focus on it for at least a week or two. Write a rough draft, including everything that you can think of. Stay loose, avoid getting analytical and enjoy the process of sharing what you know. You will then be surprised to see that you have a rough skeleton of the draft that you proposed to write.

    As a second step you should address your audience’s needs. You already have a skeletal draft. Now change sides and think of yourself as the reader of the draft piece of work that you had written. You should pick few words to describe the audience you want to address. For example, “young legal professionals”. Now, as a young legal professional, what are the questions you would like to ask? Note down these questions.

    As a third step you should start doing research. Now start doing a research to get the answers for all your questions noted down above. You should collect everything you have gathered and put it in a folder, or an electronic document, a notebook. You may also want to note the track of the sources so that you may refer them in future when you need it.

    As a fourth step you should refresh your draft. Now you may sprinkle the research in the draft that you have already drafted for the right audience. You may just want to revise what you have as you proceed, retaining a nice conversational tone by directly addressing your audience.

    As a fifth and final step you should review your draft. You should read, revise and repeat the process a couple of times after giving yourself some time in between the repeat processes. You will be surprised at what you have written and the changes that you keep making to the draft while re-reading it. Publishing the writing in the journals will be tough initially but once you start publishing the process will be set in your mind and it will be easier for you to write and publish in future.

     

    satish-kumar-3

    You strongly believe in spreading legal awareness to both laymen in the field of Law, as well as the younger generations of upcoming professionals in the legal field. Could you tell us a little about why Legal Awareness is so relevant?

    We usually ensure that our wealth gets transferred to our next generation through whatever way possible, like filling nomination in our Bank accounts/insurance accounts, Will writing, settlement deeds etc. But seldom do we think of transferring our intellectual wealth to the next generation. If the intellectual knowledge of Aryabatta and Einstein were transferred now to the next generation then we would be sitting rich on various inventions and patents and the world would be completely different now with many more such Aryabattas and Einsteins. But that is not the real scenario. Hence, it is very critical that our intellectual knowledge also gets transferred to the next generation. This is only possible if you transfer your learnings to your teammates and other budding professionals in the field. There are many nuances that we learn from experience, and it is worthwhile to transfer this to the next generation so that the profession becomes richer and more valuable with the passage of time.

     

    Tell us a little about your Pro Bono Activity. You have amassed a huge followers for the same. What kind of queries do you usually address?

    We derive a lot of benefit from this society. The society has made us what we are today – experienced professionals. We have an obligation towards the society. Everyone in their lifetime has one or other legal problem. But everyone may not be able to afford the best lawyers in the world. That is where we can step in and make a difference. A piece of genuine advice, counselling, direction, opinion will make a world of difference to these people. For me it doesn’t really cost much. But it gives me immense satisfaction when I see the smiling face at the other end after my counselling or legal advice.

    But I have to reach the people. That is when I decided to reach people through social media. Facebook, Linkedin, Twitter, Google+ were some of the mediums which I adopted to reach the people. I was surprised at the response levels. In a very short period, I had a fan following club of over 6000 people. People approached me with different problems. Some wanted to know the process to adopt a child, some wanted to reconcile with their spouse, property disputes among legal heirs, child abuse, work place bullying or abuse, sexual harassment etc. I ensure that just as I give some time to my family, I also give some time to the society. This has given me a lot of moral satisfaction.

    Pro bono makes me happier. Participating on such activities also provide opportunities to make personal connections with people who share your interests. Indeed, social connection is the greatest predictor of happiness.

    The very purpose of pro bono work is to assist those who desperately need help with something that’s really important, but for which they have no resources themselves. We are fortunate to be lawyers. We are among the lucky few to survive all the obstacles of becoming (and staying) lawyers. We are among the few who can make the legal system work for people who have nothing to give us but their gratitude.

    It helps to pursue my own interest and passions while helping others.

    During my early phase of career such pro bono legal work provided me a training ground. I was a junior lawyer earlier and did not have much autonomy for several years. Such Pro bono work in the initial phases of my career provided early opportunities for depositions, building client relationships, arguing motions, first-chairing trials and other valuable work experience to build skills and confidence.

    Charitable and pro bono legal work provides me opportunities to meet people with very different backgrounds and interests whom I may not otherwise meet in my daily life. Fundraising for charities, serving as a board member for a nonprofit organization and the like connected me with local business leaders and lead to new friends.

     

    satish-kumar-2

    How do you stay updated with the happenings not only in the world at large, but also with the relevant happenings in the legal field?

    I have joined many legal professional associations both in India and international levels. These associations are large number of similar professionals who are successful in their own fields. Interacting with them is very useful in developing ourselves.

    I have also subscribed to various legal bulletins. Laws are constantly changing and what was right yesterday could be illegal today. I keep myself updated reading legal decisions, and legislative and regulatory news and changes. They help me a lot to keep up to date with the dynamic legal field.

    There are various E-law tools which publish their own exhaustive law guides. The E-Laws Advisor tool simulates the interactions that a client might have with a professional. I can ask questions and it provides answers. I have privileged access to such E-laws tools.

    I also attend conferences across the globe. I interact with various professionals from Legal and other fields. This is a constant learning process and helps me understand their views too. The key benefit of attending this kind of conference is that I will be able to network and interact with key legislative decision makers and can make my views known to them.

    There are range of resources and communication channels for any professionals in order to both familiarize themselves and remain up to date with current law and trends. New technology is making it possible for this to be accessed on demand via the internet or “pushed out” to professionals via newsletters or tweets or other social media. One should only have desire to learn and keep the mind open. I make it a point to learn at least one new law every day.

     

    In your opinion, what should young students of Law prioritize as they lay the foundation for their career?

    Fresh law graduates and young students must, first of all identify the career of their interest before initiating actions in specific direction. For example, judiciary might interest some students and some might be interested in being in corporate working as a legal consultant or in-house legal officer; others might be interested in opting for litigation as a professional career. Hence, it is very important to find out what career path attracts one the most.

    Another crucial thing is to identify the area of their interest: it is very important for a student to know  which specific field of law is most suitable for them, based on their level of understanding in particular subjects. Some students might be very good in understanding criminal laws whereas comparatively weak in understanding commercial and business laws. Such students must consider their incline towards criminal law while choosing career options for themselves. Such students may opt for litigation or working under a lawyer who deals with criminal law. While students who have better understanding of taxation laws, company law, labor laws, intellectual property laws, etc. should prefer working in corporates or as an IP attorney or under a corporate lawyer.

    Once after a student has decided the chosen field of law and to start his / her professional career, he / she must join an organization or a lawyer with which / whom he / she can get enriching professional experience. First work experience is very important specifically for a legal professional as it implants the roots of one’s entire professional career. Student must give first consideration to the quality of work his/her chosen career option can provide. Further professional developments majorly depend on one’s first career decision and the learning experience during initial years of one’s career.

    From a different perspective, students should also be aware and mentally prepared of the fact that theoretical understanding and practical application of law widely differs. It is very usual for a law professional to come across dicey situations every single day. Thus, it is necessary for a student to develop a habit of thinking in order to find an amicable solution of any problem keeping in mind both legal acumen and practical feasibility. In this aspect, a few internship experiences in addition to legal studies from a reputed institution can be an added advantage.

     

    What kind of audience do you typically see at your seminars? What kind of awareness do you usually direct at them?

    (Satish actively participates in Legal Seminars conducted in various cities all over India in an endeavor to bring awareness to the young generations of lawyers and other professionals in the field of Law.)

    Yes, I am regularly invited by “The Associated Chambers of Commerce & Industry of India” (ASSOCHAM), “Confederation of Indian Industries” (CII), other Legal bodies to spread disseminate legal knowledge among the next generation lawyers.

    This is also a good platform to identify young and bright lawyers who require mentoring. I can easily identify the desire and passion in them as they keep coming to me with various intelligent questions and try to enrich themselves. Such bright lawyers should be given an opportunity to grow – to take advantage of all the experience that I have developed over the years.

    I also get an opportunity to interact with inventors, industrialists, scientists, authors, businessmen, investors, financiers, etc and get different viewpoints on the same topic.  This helps us to re-look, re-think and reposition ourselves on any topic which has various stakeholders. I learn through this process of interacting with top professionals. In order to keep ourselves abreast of new developments, we have to constantly learn. Such seminars play a useful role and are beneficial to me too.

     

    In your opinion, what are the most important skills any young lawyer should cultivate?

    As a young lawyer, when you are just starting your career in law, it can be a challenging to stay on top of everything. There seems to be an endless list of new skills and information that you need to learn. It is in fact all about getting back to basics.

    As a young lawyer, you should be a good listener. When given instructions by a client or another member of your team, listen carefully. It is important that you understand what you have been asked to do. You may ask plenty of questions, take detailed notes. This may help in giving a proper response.

    As a young lawyer you should develop a good communication skill: The success of a lawyer depends on the communication skill. You are as good as you communicate. You should develop good written and oral communication, paying attention to details, listen while others speak, professionalism, using office technologies like email and word processing, critical reading and comprehension, synthesizing facts and law, legal reasoning, organizational skills, interpersonal skills, working within established time constraints, issue spotting and finally decisiveness.

    As a young lawyer you should learn to maintain written records. Keeping good written records can save you in times of trouble. So it is a vital discipline to learn to maintain written records.

     

    What are the biggest challenges faced by the modern day lawyers?

    The legal profession is a competitive one. Yes, it always has been, but these days—with rapid changes in the way we practice law, it seems to be even more so. The integration of worldwide financial and commercial markets has occurred at an astonishing speed over the last couple of decades. Market participants now routinely lend, borrow, invest, trade, hedge and pledge and do business in jurisdictions other than their own. They expect their lawyers to tag along with them in these global adventures.

    For the lawyers, compulsory cosmopolitanism can be discomforting. It isn’t just that laws and judicial procedures differ from one jurisdiction to another. It is something more subtle. Lawyers trained in different legal systems may approach legal problems, client relations, professional etiquette, ethical questions, legal drafting, and correct professional demeanor in remarkably different ways.

    Nowadays, the clients’ expectations are more than ever sky high and on-demand. Access to the internet provides potential clients with access to legal information at their fingertips. They are empowered by technology, and they expect that their attorneys will be proactive in finding ways to be efficient and offering options and solutions in terms of results. This can strain relationships between lawyers and their clients, which puts additional pressure on lawyers to find ways to meet these expectations.

    With the access people have to information today it’s becoming more common for legal clients to have done research on their own prior to speaking with their lawyers. This has changed the role of the lawyer to educating the client in new ways like sorting through reliable and unreliable information the client may have found in their research.

    Technology has also allowed for the creation of various cheap legal service providers from paralegal. There is a gross oversupply of law schools and this glut still plagues the legal profession today.

    These paralegal have cropped up all over the internet, city, offering low-cost legal services at very attractive proposition for those seeking what they know can be costly services.

    Globalization and competition are another challenge that the lawyers face.

    In today’s global economy, lawyers may face barriers in expanding practices overseas.

    Countries around the globe are asking themselves if easing rules for attorneys to practice in foreign countries is helpful or hurtful. There’s no clear answer, and countries are handling it in various ways.

    New regulations and laws constantly come. Law is an evolving subject. Lawyers have to constantly update themselves so that they are not left behind.

     

    What is the future of Legal Profession?

    Law is a dynamic field. The practice of law is changing, but it has always been changing. In the 19th century, there was a major transition from small sole practitioner type of firms with law clerks to the beginning of the modern larger firms that specializes in certain areas. With the development and invention of technology like typewriter and telephone, computer etc, the profession of law also developed in equal pace. Now modern technology allows all sorts of legal matters at one’s fingertips. A good computer with access to legal research is a great leveler.  But, this world of informational technology has taken away the quality of life from many lawyers. Lawyers are bombarded with emails and other types of electronic messages from clients 24 hours a day. Going on vacation becomes almost an impossibility—at least on a vacation where one gets away from their work. Essentially law is a 24/7 practice with emails coming in day and night, on all holidays, weekends, etc. This massive and useless over-communication takes a huge amount of time, and at the same time is unproductive.

    With the technology, the nature of the practice of law has begun to shift. What the future of law will look like in the next 50 years remains unknown. The fear is that it will driven by technology and not the human side. Will law remain a profession, or will law change to be a business driven by technology? Only time will be able to answer this question.

     

    What message would you like to leave our young readers?

    Be open and try to absorb and learn as much as possible. The early phase in your career is a learning phase and later on you can only get better. The more you learn, the more experience you gain. You should also try to get a good academic record and in parallel maintain good extra-curricular activities. Try to get good internship experiences.

  • Poorvi Sanjanwala, Partner, Rajani Associates on essentials of a good corporate lawyer and Merger and Acquisition practice

    Poorvi Sanjanwala, Partner, Rajani Associates on essentials of a good corporate lawyer and Merger and Acquisition practice

    Poorvi Sanjanwala graduated in law with a gold medal from the Mumbai University in the year 2003 and went on to complete her Masters in Commerce from the same University.

    She is currently a partner at Rajani Associates and handles the Private Equity and Merger & Acquistion practice (the acquisitions side) in the Firm.

    In this interview she talks about:

    • Essentials of a Good Corporate Lawyer

    • Experience working in a Corporate Firm

    • Challenges and hurdles in Merger and Acquisition Practice

    • Her view on Make in India campaign

    HOW WOULD YOU INTRODUCE YOURSELF TO OUR READERS?

    I am Poorvi Sanjanwala and am a partner at Rajani Associates, a Mumbai based law-firm. I handle the Private Equity and Merger and Acquistion practice (the acquisitions side) in our Firm.

    WHAT INSPIRED YOU TO JOIN THE PROFESSION OF LAW? IF NOT LAW THEN WHAT WOULD HAVE BEEN YOUR CAREER INTEREST?

    I have always been interested in all things legal even when I was in college, I recollect deliberating a bit more upon newspaper articles which reported commercial judgements or interesting case-laws. Added to that is the fact that I am very fond of drafting, so law had to be an obvious option. If it were not law, I would have probably pursued an MBA.

    HOW IMPORTANT ARE INTERNSHIPS FOR A LAW STUDENT? TELL US ABOUT YOUR INTERNSHIP EXPERIENCES WHILE AT UNIVERSITY

    Internships I believe are extremely important not only from a knowledge-building perspective but from a specialisation identification perspective. Internships enable a student to obtain a more in-depth knowledge of various laws particularly from a practical perspective. Internships also go a long way in honing analytical skills further and enable students to come up-to-speed on laws and judgements as part of research or assignments they may be involved in, in the course of their internship. Internships do, I believe, also help students in identifying with more clarity the area of specialisation they wish to pursue and also prepare them more effectively from a practical standpoint, for life as a lawyer once they graduate. And yes, internships are at many times, a very good platform for talent to come to fore and be recognised as well. Unfortunately I did not intern during my university days so as such there is no specific experience I would be able to share with the readers in this regard.

    WHAT ARE THE OPPORTUNITIES THAT THE PRACTICE HAS TO OFFER? WHAT ARE THE ESSENTIAL REQUIREMENTS TO BE A GOOD CORPORATE LAWYER?

    Our Firm is a full service Law Firm with the corporate law practice areas being the pivots. Our practice areas include PE, M&A, Capital Markets (International and Domestic), Projects and Project Finance, Dispute Resolution, Intellectual Property, Real Estate, Banking and Finance and ofcourse General Corporate and Commercial.

    The essential requirements to be a good corporate lawyer, would be, first ofcourse be interest in the corporate laws domain as a whole, followed by good drafting skills, since any transaction/assignment in any these practice areas do involve significant documentation and where more often than not, no two documents are alike and entail customisation which is transaction specific. Coupled with drafting are negotiation skills, since again transactional documentation almost always involves counter-parties and where finalisation of such documents involves negotiations and lastly, good inter-personal skills and team spirit.

    HOW WOULD YOU COMPARE INDEPENDENT PRACTICE TO JOINING A LAW FIRM?

    Having worked with law firms since I qualified, I don’t think I would be in a position to throw much light on this. Having said this, starting off- independently is at the other end of the spectrum from working in a firm. There are various factors which culminate into a decision for any person to start off on their own and pose its own set of challenges.

     

    CAN YOU TELL US ABOUT YOUR EXPERIENCE AT THE FIRM AND WHAT MOTIVATED YOU TO JOIN RAJANI ASSOCIATES?

    (Ms. Poorvi Sanjanwala have been with Rajani Associates for more than a decadpoorvi-3e)

    The experience has been very enriching. Rajani Associates is the place where I have gained and continue to gain my knowledge of corporate laws and my transactional experience in the PE and M&A spaces. I have also been fortunate to have had very good seniors, particularly Mr. Prem Rajani, the Firm’s Managing Partner, who have also been very encouraging and have had the patience to discuss transactional aspects as a transaction progresses (and not just a post completion analysis or review). As a Firm, apart from the emphasis on close attention to detail and effective client interaction, Rajani Associates gives its lawyers the platform to demonstrate their skills in the areas of their practice, believes in placing an equal importance on learning as you work and where every member of the team is encouraged to contribute effectively to transaction closure and given an opportunity to actively participate in transactions. Coupled with this, is a good working environment and you have all the ingredients of a great working place and enormous opportunities for career growth.

    YOU HANDLE VARIOUS ASSIGNMENTS WITH RESPECT TO THE MERGERS & ACQUISITIONS. WHAT ARE THE BIGGEST HURDLES AND CHALLENGES IN THE IN THIS AREA OF PRACTICE?

    I would not say that there are hurdles in either the PE or the M&A space. Yes transactions are challenging and at times demanding but which transaction is not? It is the challenges which make each transaction a unique learning curve and also enrich your knowledge and experience in the process. I would say that every transaction I have handled or been part of in the past, has had some or at times a myriad of unique aspects to it, be it the nature of the transaction or its structure or the negotiations that it may have entailed. All transactions and the experiences have been and will continue to be a wonderful learning process for me.

    RAJANI ASSOCIATES HAS CONSISTENTLY BEEN RANKED AT THE TOP IN DEALING WITH ASIA-PACIFIC M&A. WHAT IS AN AVERAGE DAY AT WORK LIKE FOR YOU?

    An average work day would mean discussing with the team on on-going transactions, taking a round-up on changes that may have been effected to any law and its potential implications and ofcourse working with the team to meet deadlines of any on-going transaction.

    THE GOVERNMENT HAS BEGUN DISCUSSIONS TO PERMIT THE ENTRY OF FOREIGN LAW FIRMS AND LAWYERS INTO INDIA. IN YOUR OPINION, HOW WILL THIS AFFECT THE PROFESSION?

    How the actual entry of the foreign law firms will pan out, will ultimately depend on the fine print of the rules which will regulate their entry and operations into the Indian legal practice arena. As such it would be pre-mature to comment in detail at this juncture. Needless however it would be to state that the advent of foreign law firms will be a game-changer of sorts once all decks are cleared for their entry.

    THERE IS ONGOING CAMPAIGN FOR “MAKE IN INDIA”, “START-UP INDIA” AND “SKILL INDIA”. IS OUR LEGAL SYSTEM MATURE ENOUGH FOR SUCH DEVELOPMENTS OR IS THERE A NEED FOR REFORM?

    I believe the legal system is mature enough. This initiative of the Government is an important and welcome step in providing an impetus to growth and development of the country as a whole by nurturing skills and ideas to translate them into opportunities for businesses thereby generating employment and bringing self-reliance in sectors which were earlier import dependant or at the nascent stages of development. At the same time it also seeks to encourage multi-nationals and other global level players to set shop in India thereby also enabling the Country to not only benefit from investment and capital but also in opening up new opportunities for new/enhanced skill sets, technologies, employment opportunities and other ancillary benefits thereby propelling the growth story further. Keeping this objective in mind, the Government has introduced several measures for the ease of entrepreneurs to start and operate their businesses, initiated consequential changes in legislation, introduced reforms, including the liberalisation of receipt of foreign direct investment in various sectors which will go a long way in making the “Make in India” concept a winner all the way in achieving its intended objectives.

    THE GOVERNMENT HAS BROUGHT INTO FORCE THE COMPANIES (MEDIATION AND CONCILIATION) RULES 2016 TO GIVE EFFECT TO SECTION 442 OF THE COMPANIES ACT. HOW WILL THIS AFFECT THE CORPORATE SECTOR?

    As the Companies (Mediation and Conciliation) Rules, 2016 are a very recent introduction that is, the notification in this regard has been issued in September 2016 only, its impact and its success as also the ability of this mechanism to reduce the burden on the judiciary will have to be reviewed as the extent to which parties to a dispute will take recourse to it for the purposes of resolution of their disputes will have to be gauged with the passage of time.

    WHAT ADVICE DO YOU WISH TO GIVE TO YOUNG LAW STUDENTS AND YOUNG LAWYERS, LOOKING FORWARD TO JOIN A CORPORATE LAW FIRM?

    Joining a corporate law firm as most of the readers would be aware, is a demanding but at the same time challenging as well. Coupled with this, it also entails the pre-requisite of keeping continuously abreast with current laws, possessing good negotiation, drafting skills and analytical skills and working well in a team. Other equally important aspects are effective communication and inter-personal skills which are critical in team and client interaction as also during negotiation of agreements.

    WHAT WOULD BE YOUR PARTING MESSAGE TO OUR READERS?

    If you love the work you do and put all your efforts into what you do at your work place whole-heartedly, then this is what will make the entire journey an enjoyable, enriching and successful experience.

     

  • Shatarupa Mishra, Indian Revenue Service Officer, on preparing and cracking Civil Service Examination

    Shatarupa Mishra, Indian Revenue Service Officer, on preparing and cracking Civil Service Examination

    Shatarupa Mishra graduated from Symbiosis Law School in 2013. She is a lawyer by interest, civil servant by profession and dancer by passion. Currently, she is training as an INDIAN REVENUE SERVICE OFFICER-Income Tax in National Academy of Direct Taxes, Nagpur after clearing Civil Service Examination 2014.

     

    In this interview she talks to us about:

    • How she developed interest in reading and writing.
    • What inspired her to appear for civil service exam?
    • When should a person ideally start preparation for the civil services exam?
    • Easiest and toughest part for preparation.
    • Aspects that a civil service aspirant must focus on and start preparing for in advance.

     

    Please introduce yourself to the readers. Please tell us a little bit about your childhood and your background.

    Hello friends! I am Shatarupa Mishra, lawyer by interest, civil servant by profession and dancer by passion. Currently I am training as an INDIAN REVENUE SERVICE OFFICER-Income Tax in National Academy of Direct Taxes, Nagpur after clearing Civil Service Examination 2014.

    My schooling has been in De Paul School in a small town Berhampur and subsequently in St. Joseph’s High School, Bhubaneshwar, the capital. I was extremely active in extracurricular activities like writing, dancing and singing. Both me and my elder sister started training in Odissi, the classical dance of Odisha  and other dance forms.

    Infact I started performing in stage shows and dance festivals from a very young age of 4 years and those childhood memories of dancing remain the most cherished. I was also the house captain in my school.

     

    What impressed upon you the idea to study law?

    Frankly speaking, I wanted to pursue law when I realized after two years of science in intermediate level, I did not want to pursue Engineering or Medicine, the two most preferred options at that time. Browsing through the law syllabus in my +2 2nd years, my interest was piqued and I thought graduation in law would bode well for me. My choice was very instinctive and it worked out well.

     

    How was your experience at Symbiosis Law School, Pune. What activities were you involved in apart from the regular academic curriculum?

    My five years in Symbiosis Law School was very enjoyable and memorable. Right from academics to internships to pro-bono activities to extracurricular activities, Symbiosis gives you a wide platform for everything.  From my 1st year itself, I took an active part in extracurricular activities like dancing and participated in many college fests. Timings of law school were such that we could pursue our other hobbies and interests in the later part of the day. Second year onwards, I started mooting and was fortunate enough to be a part of our college team in Jessups. Mooting piqued my interest in legal research and I subsequently wrote many legal essays in pre-final and final year. Being a part of the very active Human Rights Cell of our college for all five years, I loved teaching young kids from underprivileged background and spending time with them on weekends.

    I loved learning law for the sake of itself and was extremely diligent about my studies and projects. The cherry on the cake was when I was awarded a scholarship for academic excellence in my fourth year and the Chancellors Gold medal for topping my batch in BA LLB course.

     

    How did you develop your interest in reading and writing?

    Reading was my favourite pastime since childhood. If I was not dancing, I was reading. Both my parents, grandparents are voracious readers and encouraged me to develop reading habit. At home there was already a huge library to pick books from.   I have many pleasant memories of visiting book shops and exhibitions with my father and buying loads of books, all non-academic of course. If there was a book club in my city, I was a member in it. In school also, my favorite subject was English literature. My reading habit almost borders on obsession, my family tells me, ha-ha! In childhood, I started writing poems and subsequently, articles. My mother also writes poems in Odia language and she has been a major motivation behind my writing.  Law School and preparation for civil service examinations only enhanced my interest and skills in writing articles.

     

    When and what inspired you to appear for Civil Service Exam?

    I believe it was a very conscious choice to appear for Civil Service Exam. I belong to a family of state and central civil servants, so somewhere the inspiration to be one myself was right at home. My biggest inspiration has been my father who is respected by all as an honest, upright and efficient officer in the State Government. Dinner table conversations have many a times, been about development, administration and issues therein.  Secondly, I was keen to be in a profession which offered me a wide platform to work in law, policy and implementation. My legal training actually strengthened my resolve to sit for this examination. Thirdly the syllabus of the civil services exam piqued my interest, particularly the general studies papers.  Keeping all these factors in mind, I eliminated other career options in law in fifth year of law school so that I would never regret the decision of appearing for this examination. I was fortunate that I got a mentor in Pune, Shri Aashay Abhyankar, who along with his family, has played a stellar role in my success.

     

    When did you start preparing for the exam? When should a person ideally start preparation for the civil services exam?

    I started preparing for this examination immediately after graduating from law school in 2013.  I really wanted to clear the examination in my first attempt itself and join the services at a young age so I wanted to give it my full focus the first time around.

    As regards the second part of your question, I believe once the person is sure that this is what he wants to achieve, then that time automatically becomes the most ideal for preparation. Hence, to each his own.

     

    How many hours did you put in for your preparations every day? Is having a fixed schedule or weekly targets important according to you?

    I used to fix daily targets and accordingly work to complete them, so there was no fixed number of hours. On an average, it ranged from 6-8 hours daily.  Rest of the time was spent in reading newspapers, surfing the net or carrying out other hobbies.

    Yes having a fixed schedule and weekly targets is important as I have personally benefited from such meticulous planning.

     

    Which were the easiest and toughest parts of your preparation?

    The easiest part was reading newspapers and making notes from them and studying the general studies papers which are exhaustive but highly interesting as well. History,  culture, polity, foreign affairs are topics that I loved to read and analyze.  The toughest part for was staying away from my family, and friends as I was preparing in Pune while my family stays in Bhubaneshwar.

     

    What are the aspects that a civil service aspirant must focus on and start preparing for in advance?

    A civil service aspirant should first know how to read the newspaper for this examination. Then preparation becomes very easy and interesting as one can interlink concepts with current affairs, analyze and present  in a unbiased manner. My preparation for civil services was very newspaper-oriented and it held me in good stead throughout all three levels.

     

    What were the attributes of your legal education and background which helped you in succeeding in the civil service exam?

    I would attribute my success in first attempt to legal education in a lot of ways. As law students, we are used to processing copious amounts of information and presenting them in answers. Secondly writing subjective answers in limited time, a skill acquired during law school, is an asset while writing the Civil Services (Main) Examinations. In all my mock tests and the mains examination I never faced the issue of time management. Thirdly, integrated law course already gives you an insight into general humanities subjects in the initial years like political science, history, sociology, etc which is somewhat registered in your mind. The only catch here is to keep legalese and biased viewpoints out of your preparation and remembers that this examination wants administrators and not lawyers at the end of the day and moulds yourself accordingly.

     

    What is the importance of CGPA for law students especially for Civil Service exam aspirant? Does it make any difference during the interview?

    More than CGPA, it is the grasp over syllabus and overall analytical skills that matter most for law students in civil service examination. Having said that, I believe a decent CGPA would always be an asset to the law student, be it in this examination, or legal jobs or pursuing higher studies, etc.

    I can answer the second question only from my own experience. As I was the batch topper with a high CGPA, I was apprehensive that they could ask me a lot of law-related questions expecting accurate answers. And this is what happened I was asked factual questions spanning multiple law subjects. However, the interview experience is very subjective and nothing is a precedent.

     

    Tell us about your interview? What kinds of questions were asked by the interview board?

    My interview was on the afternoon session on 15th May, 2015. It was chaired by Prof. David Sylimlieh. As discussed above, mostly factual and legal questions were asked which I could answer racking law notes in my mind at that very instant.

     

    What would be your message for law students who are preparing or planning to prepare to appear for the Civil Service exam?

    I personally feel that with the hard work, perseverance and right guidance, it is not difficult for a law student to clear these Examinations. Civil Services involve law interpretation and implementation, public administration and management, which law students imbibe in their five-year long erudition. So they should approach this examination with full focus and determination, if they choose to appear for it. Success shall definitely follow.

     

    Lastly, what would be your message for the readers who want to pursue career in Civil Services?

    Readers wanting to pursue a career should first be clear about why they want to pursue it. Once they have decided, they should just focus and plunge into the syllabus with full determination.  Enjoy the process of learning and studying for this examination and before you realize, success shall be yours! God Bless.

     

     

     

  • Dr. J. S. Patil, Vice Chancellor, NLUJA, Assam, on a career in legal academics, role of a professor and research work

    Dr. J. S. Patil, Vice Chancellor, NLUJA, Assam, on a career in legal academics, role of a professor and research work

    Dr. J.S.Patil qualified in law from Karnataka University, Dharwad in 1977, and thereafter went on to pursue further studies from University of Mysore, and earned his Masters in 1979. In 1997 he also finished his Ph.D studies from Saurashtra University, Rajkot.

    Dr. Patil served as a professor in the department of post graduate studies and research in law at Gulbarga University from 1995 and had deputations to other colleges including his stint from 2009 to 2013 as the Vice Chancellor of Karnataka State Law University. He is currently the Vice Chancellor of National Law University and Judicial Academy, Guwahati.

    In this interview, he talks to us about:

    • His love for the law and positive changes he has witnessed in the evolution of law
    • The challenges he faces as the Vice Chancellor of NLU Assam and those that he faced in KSLU
    • Advice on various facets of the legal profession and on acing law school
    • The divisions he believes exist between NLUs and other law colleges
    • His vision for legal education and NLU Assam

     

    Tell us a bit about your childhood. Looking back, what are the most important lessons that you learnt as a young student that shaped your personality.

    My school days were very important days of my life. There was a small government primary school in my locality known as Konapupet in a small town called Manvi in the Raichur District of Karnataka, where I had an excellent head master always dressed in a sherwani and fur cap, known for strictness and discipline. His personality influenced me to a great extent especially in meticulous dressing. When I was in the 4th Standard in middle school, I was chosen to deliver a short speech on Independence Day on 15th August 1964. My oration started from then onwards. In high school, I had some excellent teachers who were responsible for shaping my personality and future. All the schools I studied at were government schools, but satisfactorily qualitative with committed teachers. I was one among five students out of 150 who passed SSLC or 10th Standard in 1970. It was so difficult to clear the matriculation during those days, passing matriculation was taken as a prestigious one. My parents were very pious and humble and their dream was to provide maximum education to their five children. They were from the lower middle class strata of society; they were unlettered and farmers, yet because of their commitment, four of their children could get a good education. This has taught me a great lesson – to work hard and worship work. They were my greatest teachers and my inspiration in my childhood. Along with my elder brother, I established a small library of Kannada literature at home, especially novels from Kannada litterateurs. I was fond of reading novels and lent the books to others by charging ten paise per day and buying books with the revenue. We were able to build a culture of reading among our friends in the mohalla by this initiative.

     

    Why did you decide to opt for the profession of law? As a young student, which aspects of the law fascinated you the most?

    When I joined the law course, I had no clarity in my mind as to career. Coming from a rural background, it was difficult for me to take decisions as we (my brothers and I) were the first generation educated people in our family. I joined law only because my other friends had also joined colleges for law. But later on, during the course of my study, I realised the importance of legal education. As a young student, I was deeply influenced by my principal and wanted to be a teacher like him and also an administrator like him. Teaching became my passion over a period of time.

     

    Sir, you have pursued your law at Karnataka University. What were the highlights of your journey as a law student? Which legal subjects did you enjoy studying the most?

    To study under great teachers like Professor G. V. Ajjappa, Principal, University College of Law, Dharwad and other very eminent teachers in the college was a memorable and privileged aspect of my life. As I was deeply influenced by the imposing personality of the Principal, his favourite subject, Jurisprudence, was an obvious choice as a subject I loved the most and continues to be so even today. I was an average student at the LL. B. level. When I moved to the Department of Studies and Research in Law at the Manasagangotri Campus, University of Mysore, I took to studies seriously and was often described by my teachers and library staff as a model student on campus. My serious commitment to legal academics during those days transformed me into a law teacher.

     

    Did you ever have doubts back then about your ability to stand out in the legal profession? What, in your view, are the qualities that a law student should strive to possess in order to raise a notch above the rest?

    j-s-patil-1When I came to Dharwad from my native place to prosecute higher education in 1970 for PUC, I had an inferiority complex. I was able to get over it during my LL.B. studies. I could not enrol as a lawyer due to economic problems. I got an LL.M. seat in the University of Mysore and joined. The problem of inferiority set in again as there were very good students with backgrounds of having ranks and other laurels to their credit, while I had none. Slowly I was able to get over it and developed confidence. I had very good classmates who encouraged me and helped me in my studies. We were like one family and had an excellent atmosphere in the Department. Because of my dedicated hard work and support from friends and the faculty, I could come out with flying colours, by getting the first position with a first class in the international law branch and getting the second rank in the entire department. That was the beginning of my academic career and I never looked back after that.

    The legal profession demands hard work, regularity, punctuality, research, updating, good language and drafting skills, good communication and other soft skills, adaptation of modern IT tools and of course social and professional networking. Every law student should try to inculcate these qualities that will go a long way in building an excellent legal career.

     

    How should law students go about selecting topics for research publications?

    j-s-patil-4UGC regulations require a law teacher to take 18 hours workload of teaching. This takes away much of their time for teaching. Research takes a back seat as a consequence of this. Quality research has become a scarce commodity in the legal domain due to many reasons. The major reason, in my opinion, is the difficulty we are encountering in decolonising our consciousness. This problem is seriously interfering in understanding legal problems that we face in our country. Teachers need good training in customised research skills in the domain of law rather than routine research methods. Research and legal writings will become meaningful only if these are of relevance in providing justice to the common man. Competition to publish, due to the UGC requirement of API score, has encouraged law teachers to write and publish in research journals. It has also given rise to commercialisation and mushrooming of research journals raising question marks on the quality of research articles published in some of these journals. More attention to attend seminars and conferences, present papers, write research papers and publish have added to the overall personality of law teachers. It is also providing them with that additional input necessary to bring dynamics in their teaching.

    Students must select research topics based upon the hard realities of the need of the time, the problems our people face and difficulties they encounter in their lives vis-à-vis legality. Problems taken up for research need not be big and impressive but they must be pragmatic and practical. Solvability of the problem should be the hall mark of research topics.

     

    What are the biggest challenges that you have had to grapple with as the vice chancellor of NLU, Assam as well as KSLU? What have been the biggest successes so far?

    I have just started my innings in NLUJAA, Guwahati. The faculty and students here are wonderful. An urgent issue that I have had to deal with is shifting the University to the new campus. This will take a couple of months. The administrative building and law school building are ready for occupation. The construction of the Boys’ and Girls’ hostels is nearing completion. Construction of the Library, Judicial Academy and other buildings is also being taken up.

    j-s-patil-3

    We need to customise some of the course content to reflect regional aspects of the North East. We have to use A-VIEW (Amrita Virtual Interactive E-learning World) in our class rooms for more effective teaching and to ensure transparency. We have to launch some regionally relevant research projects on local cultural laws, the Brahmaputra River water management system, Legal regulation of mega biodiversity, legal regulation of petroleum and other energy resources. An ambitious project that I have in mind is the reconstruction of Indian Jurisprudence based on Indian experiences since the inception of the Indian civilisation. Consultation with stalwarts in the field like Professor Upendra Baxi and Professor G.V.Ajjappa has already been initiated to build the project.

    At KSLU the greatest challenges that I faced as the founder vice chancellor, were to acquire land, prepare the master plan and construct buildings. The other challenges were to bring 95 law colleges affiliated to various universities in Karnataka under one umbrella of KSLU and build a uniform curricula, examination system, etc. I have been able to do all these things successfully. Innovative steps taken at KSLU include the introduction of Khadi uniform on every Monday and singing of the national anthem every day in the morning before commencement of the classes and administrative activities of the University. This is to realise the dream of transforming KSLU into the peoples’ university with the punch line ‘Indian roots and global heights’.

     

    Do you feel that the legal profession has significantly changed from when you decided to study law? What are some of the changes that have positively impacted the profession and legal academia in your opinion?

    There have been some important changes in the legal profession since I started studying law. When I joined law, the legal profession was limited to civil and criminal practice. As time passed, there has been a tremendous expansion in legal professional activities in a variety of new and emerging areas like corporate and business laws, intellectual property rights, information technology law, entertainment and sports law, press and media law, environmental law, bio-diversity law, wild life and forest law, family law, consumer protection law, human rights, women and child rights, vigilance practice, legal process outsourcing, etc. The Legal profession has become one of the most sought after professions today. Every establishment needs to have a legal cell and recruit legal professionals. The union and state government departments, banks, corporates, NGOs, associations and unions, cooperatives, entertainment houses, press and media, etc. are establishing their own legal departments to address legal issues. The practice of law has gradually shifted from advocate chambers recruiting juniors to LLPs and LLCs and young lawyers joining these firms as employees or partners rather than juniors.

    There is a massive change in legal academics as well. We witnessed the introduction of a five year LL.B. programme, which runs parallel with the three year LL.B. programme. The introduction of semester (trimester in some national law schools) and choice based credit and grades points system have brought significant qualitative change in legal education. Introduction of new teaching-learning IT tools and e-library have added new impetus to legal education. NAAC accreditation is an important step that forces law colleges and universities to document their activities systematically and to conform to the requisites reflected in seven domains of NAAC proforma. This process is helping in activating activities in legal educational institutions.

    There are many types of legal educational institutions in our country. National law universities, Indian Law Institute, state law universities (Tamil Nadu and Karnataka), private law universities (O P Jindal), Law Schools in IITs, Law schools in private universities, government law colleges, university law colleges, private aided law colleges, private unaided law colleges and autonomous law colleges. With the establishment NLSIU in Bangalore and other law universities in the country, legal education has become a sought-after education for students. The competition among various players has contributed to the enhancement of quality in legal education. At the same time, it has also led to commercialisation of legal education which cannot be undermined.

     

    As a law student, you consistently excelled in academics. What are the most important tips that you would like to share with law students for consistently excelling in academics?

    One has to be regular to classes, punctual, hardworking, and complete the portion covered by the teacher that day itself. A student has to actively participate in moot courts, debates and other competitions. He should be in the library after class hours for studies and make effective use of e-library. He should regularly consult teachers for clarifications without shying away. He should promptly refer to dictionaries and encyclopaedias for understanding difficult words. He should not proceed further without understanding the sentence or paragraph he is reading. He should make notes and make periodic revision of the areas he has already covered. He should work with reputed lawyers, judges and firms as an intern. He should be active in the class, with friends, peers, teachers and everyone connected with law. These are tips to students to excel in academics.

     

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    Do you feel that there are differences between students of ‘elite’ law schools and students from other law colleges and traditional universities?

    There is a gap between students in elite law schools and others. However, this is not to overlook some of the excellent students in other law colleges. Most eminent lawyers and judges of the country are from traditional law colleges. Students of elite law colleges have many advantages. They have good infrastructure, faculty, library, opportunities to participate in moot court and other competitions, etc. Their elitist background and environment also helps them in performing better. Sometimes this background itself may become a disadvantage. There is a possibility of elitist students becoming overconfident and slipping into undesired activities.

     

    What are your views on the future of Indian legal education? How would you suggest that the legal fraternity manages to stay ahead?

    There is a wide scope for legal education in India not only for our students but also for those coming from abroad. India has become an education destination for students coming from third world countries. The legal fraternity is required to build and continuously work on various areas of legal education by updating curricula and pedagogy, updating of library, honing professional skills, building vibrant professional networks on social media and professional online platforms, building a network of alumni and professionals, entering into collaborations and MOUs with reputed institutions and above all, to keep continuously working on every aspect of legal academics to stay ahead in this highly competitive world.

     

    What would be your advice to young law students? How do you think that they should approach their career?

    Law students in India are becoming more and more smart and career oriented by making good use of e-libraries and internet. Every student should have a clear perception about his career. He must develop alternative plans (Plan-A, Plan-B, etc.) so that frustration does not creep in. In the new e-environ, they should not forget to read physical books and write and keep their reading and writing skills intact. This will take them into their careers in a better manner. Students should strive to get into litigation as a first priority so that courts get qualitative lawyers. As many NLU products are opting for corporate jobs their latent talent and skills are not expressed fully. Furthermore, they stagnate in their career after some time leading to frustration. Therefore, entering jobs should be the next priority. They can also think of establishing law corporates by finding venture capitalists and angel investors and think of working in ADRs, LPOs and many other para-legal domains. Students should do independent research, take counselling from peers and teachers and inputs from their friends before making any decision. Of course, at the end of the day, the decision must be theirs.

     

    You have worked both in NLU’S and NON-NLU. Can you share your advice “How a law student can bridge the gap between NLU’S and NON-NLU”.

    There is a typical status and aura about NLUs in the country. There is a separate test, CLAT, for admission into NLUs, paving way only for the creamy layer students to enter into these institutions. Expenses also forbid others from entering NLUs. Hence, NLUs have become elitist legal education centres and islands of excellence (not all of them of course). Others are essentially non-elitist; but there are some very good law colleges in this sector also, not just competing with NLUs but also marching ahead of some of the NLUs. Newly emerging private universities are posing a big challenge to NLUs. Pace has already been set with regard to tough competition between NLUs and some of these other legal education institutions. The real gap is between NLUs (along with other elitist law schools in the urban) and the other law colleges (including the ones in rural areas). This gap can be plugged by using the benefits available under projects like NME-ICT (National Mission for Education though Information and Communication Technology) and NKN (National Knowledge Commission). These projects of the central government are launched to bridge the gap between rural and urban educational institutions by establishing virtual class rooms, weekly discussions, retrievable AV content, etc.

     

    Any time management tip for Law students?

    Students should build timeline for their studies, get up at 4 or 4.30 in the morning, do some exercises and yoga to keep the body and mind fit for the day, jot down the tasks for the day, earmark a minimum of six to eight hours to study, use with restraint mobile phones and social networks, spend more time online in perusing legal professional networks and platforms, develop effective online reading skills, spend some time with friends, faculty and peers, involve in sports and cultural activities so as to develop total personality. While going to bed in the night reflect whether the tasks jotted down in the morning are completed.

     

    What is your vision for NLU Assam? Where would you like to see NLU Assam 10 years down the line?

    NLUJAA is a young and emerging institution with some unique advantages. Its campus location is wonderful with the Brahmaputra River flowing on one side and an imposing mountain with woods on the other side providing a serene atmosphere to conduct academic activities and also to develop it into a green campus. Another unique feature is that National Law University Assam has Judicial Academy Assam on its campus providing an additional advantage to the faculty and students to interact closely with the judges and judge trainees.

    My vision of NALUJAA is to build it into a world class legal education institution with an avowed objective of leading from the front multi-task projects aimed at transforming Assam and the north eastern India into a legally conscious society and develop an atmosphere of respect for rule of law. Towards achieving this, the University will make all efforts to provide quality legal education at under graduate and post graduate level; and build an army of law graduates who will dedicate themselves in building India as a legalitarian-egalitarian society, by putting service before self wherever possible. Various law centres (17 of them are already established in the cutting edge knowledge of law) established in the University will undertake research projects in the focussed areas in the concerned discipline of legal knowledge and work in close liaison with public institutions, NGOs and civil society with the commitment to provide legal knowledge and legal literacy to the people of north eastern states in particular and the country as a whole in general. The University aims at building customised research projects that are socially relevant for the north eastern region such as Brahmaputra water management and regulation, legal protection of mega-biodiversity of the region, local cultural laws, Indian jurisprudence, regulation of petroleum and natural energy resources, legal protection of indigenous knowledge through intellectual property rights, issues relating to promotion of regional international business, trade and commerce, issues relating to labour and child labour specially in tea estates, problem of child trafficking, legal aid and legal literacy, etc.

    Our dream is to build a vibrant national law university that caters to the law and justice needs of people in the north eastern region in particular and the country in general by providing qualitative legal education through usage of the most modern IT tools to access legal knowledge domain.

     

  • Aloy Das Mahapatra on interning abroad, working at Bose & Mitra & Co. and Scorpio Marine Management (I) Pvt. Ltd. and setting up an independent practice

    Aloy Das Mahapatra on interning abroad, working at Bose & Mitra & Co. and Scorpio Marine Management (I) Pvt. Ltd. and setting up an independent practice

     

    Aloy Das Mahapatra is an alumnus of Symbiosis Law School Pune, a constituent of Symbiosis International University. Having graduated from law school in 2013, he has worked in Bose & Mitra & Co. and Scorpio Marine Management (I) Pvt. Ltd. in the field of marine law. During his law school days he got opportunities to intern abroad which he undertook successfully. Apart from that he has a fair experience of leadership skills too while he was heading the Disciplinary Committee in Symbiosis Law School Pune. He has completed four grades of the violin curriculum from the Associated Board of the Royal Schools of Music, London and takes pride in calling himself a music enthusiast. Starting under the tutelage of Mr. Amitava (Raja) Majumdar (a notable practitioner in India and abroad in maritime law) at the Band I law firm Bose & Mitra & Co., he can currently be described as an independent advisor in the maritime law based out of Mumbai, India.

    In this interview he talks about –

    • His college experience
    • His take on internships and opinion on co-curricular and extra-curricular activities
    • His interest in the maritime law
    • His Indian and foreign internship experience
    • His experience of working at Bose & Mitra & Co. and as an independent advisor

     

    HELLO ALOY, WE FROM THE TEAM SUPERLAWYER WOULD LIKE TO THANK YOU FOR PROVIDING US A CHANCE TO INTERVIEW YOU ON THE SUPERLAWYER PLATFORM. HOW WOULD LIKE TO INTRODUCE YOURSELF?

    I’m a maritime lawyer with a keen interest in the business aspect of the legal practice. I’m presently trying to effectively shape a transition to the commercial side of global trade. As to my law school background, I graduated in the 2008-2013 batch of Symbiosis Law School, Pune and I pursued the B.B.A, LL.B dual degree programme. If you were to digress from law a bit, you’d find me exploring the latest hot joints in the city –when it comes to food, I am passionate about it to another level. On weekends, when I’m free, you’d probably find me playing badminton or swimming with my mates – I thoroughly enjoy playing a lot of sports.

     

    TELL US SOMETHING ABOUT YOUR COLLEGE EXPERIENCE.

    I don’t think mine would be any different from that of most students at Symbiosis. I learned as much outside of my class as I learnt while inside it. It was the first time that I had actually moved away from home and, looking back, I think it was a sum total of all my experiences there that played a significant role in moulding me into the person that I am today. I was fortunate to have a lot of friends, not just from law school, who became my family there. In law school, I was associated with the Disciplinary Committee and I had a chance to learn a lot of life skills while heading the team there. The team was fabulous and I forged close friendships with most of them. If I had a chance, I’d perhaps relive my life there, but I’m also conscious of the fact that each phase of live is meted out in the perfect dose; so yes, it’s time to move on.

     

    YOU HAVE UNDERTAKEN INTERNSHIPS AT RENOWNED LAW FIRMS WHILE IN LAW SCHOOL. DO YOU THINK THAT INTERNING AT BIG FIRMS MATTER AND HELPS ONE IN THE CAREER?

    I think a lot depends on not just one’s ability and interest in a field but also how well one fits into a particular setting, so the firm could be big or small or whatever but if it’s not the perfect fit then what’s the point? I tried several lines till I was able to identify a stream that I associated with most – shipping. Accordingly, most of my internships were in that stream. For me, it fit well. Thus, coming to your point, if you can make your mark and if what the organisation does aligns with your interest, then go ahead and jump right in. There’s no point beating around the bush. If you’re not sure, intern in as many different places as you can till you find your perfect fit. Just to be sure, however. it’s imperative to be guided by the age-old advice that, as a young lawyer, take whatever comes your way and do not develop a preconceived restriction for yourself.

     

    THOUGH YOUR INTERNSHIPS HAVE BEEN BALANCED THROUGHOUT, THERE SEEMS TO HAVE BEEN A PERSISTENT TILT TOWARD MARINE LAW. WHEN DID YOU REALIZE THAT MARINE LAW IS THE AREA WHERE YOU CAN EXCEL?

    My first internship with Bose & Mitra & Co. was when I really thought maritime law was a line I could do well in. Dealing in a subject that was not taught in college and yet getting to grips with it easily was what kind of set the deal straight for me. My father had worked in shipping for at least the entire length of my life till then, so there were shipping terms and concepts that I had heard for years and was aware of which perhaps gave me an edge in dealing with matters. Apart from this, the international nature of the line appealed to me. You get to work with people all over the world on a daily basis and play a significant role in global trade. The relevance of what I did really strike me as I realized the impact the shipping industry has on one’s daily life. All this ultimately culminated in an interest to pursue a career in shipping.

     

    YOU HAVE INTERNED TWICE AT BOSE & MITRA & CO., THE FIRM THAT IS BEING CONSIDERED AS A TOP TIER LAW FIRM IN INDIA IN THE MARINE LAW SECTOR. HOW WILL YOU DESCRIBE THE EXPERIENCE OF THE SAME? HOW DID IT BENEFIT IN SHAPING YOUR CAREER?

    Bose & Mitra & Co. does top quality work in maritime law and I always maintain that it’s the best learning experience that one can get in that field in India. Pretty much every major shipping company, not only in India, but also in the world, are its clients. Right from the first day, you are thrown straight into quality work. They expect you to pick up fast and know your matters inside out. I was also fortunate to have some of the best seniors mentor me. The Managing Partner too will himself hear you out if you have a relevant point to make and spurs you on to be more involved in matters if you show interest. You’re expected to contribute and are encouraged to discuss and pick up as much as you can in the duration of your internship. As I said earlier, for me, it was the perfect fit – so working there opened doors to a host of different opportunities that may not have come up if I were pursuing something else.

     

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    HAVING INTERNED OVERSEAS UNDER RENOWNED LAWYERS IN TWO VERY PROMINENT ORGANIZATIONS, HOW WILL YOU DESCRIBE THE EXPERIENCE OF THE SAME?

    So, in shipping, you have to make your perspective international. There are no two ways about it. You could be acting for Singaporean clients who are shipping Arab crude from Houston to South Africa and they, in turn, might have a dispute with some party in the UK. An internship at Stephenson Harwood, London gave me a chance to work in an international setting and deal with shipping matters from all over the world. Stationed in London, I was at the hub of global maritime law. Most international shipping contracts are governed by English Law and to have gotten a first-hand experience in dealing with it, worked wonders in developing, further, the international perspective that I refer to. Similarly, I also had a chance to work with a barrister Mr. Brian Dye, who is associated with the Essex Court Chambers. With him, my focus was to get a first-hand experience in an international shipping arbitration. I had a chance to work on a cargo contamination dispute and attend the arbitration proceedings at the famous Baltic Exchange. Both these experiences gave me a chance to develop further a global mindset to approaching problems in shipping.

     

    HOW BENEFICIAL DO YOU THINK FOREIGN INTERNSHIPS ARE? WHAT ARE THE BENEFITS YOU BELIEVE YOU HAVE REAPED FROM THE TWO INTERNSHIPS THAT YOU UNDERTOOK IN ABROAD?

    This would really depend on what line one is pursuing. I cannot comment about other streams, but at least in maritime law an international experience (and I do not mean just an internship- one could be doing very relevant international shipping work sitting in Mumbai) would really expose one to a lot and help one understand better the relevance of shipping to everything. Apart from this, if one has a chance, why not? It’s always great to get a global exposure and get out of one’s shell, deal with people from multiple nationalities, get a completely different insight into another way of thinking. Both experiences gave me a fantastic awareness into the workings of foreign firms and chambers in the field of maritime law. As mentioned earlier, they were very useful in developing the international perspective that one has to have in this field.

     

    PLEASE SHARE WITH THE READERS ABOUT HOW YOU SUCCESSFULLY LANDED THOSE HIGH-PROFILE INTERNSHIPS.

    I just worked really hard during my internships. Raja Sir, the Managing Partner at Bose & Mitra & Co. and my mentor was privy to how I planned on making a career in shipping. He suggested that I get an exposure to the workings of a foreign law firm and the proceedings in an international arbitration. Through his enviable network, he was able to organise these stints for me. They were great experiences and I am grateful to him for them.

    A SUBJECT LIKE MARINE LAW IS NOT A PART OF LAW SCHOOL CURRICULUM. IN THAT CASE, HOW DID YOU LEARN THE SAME LAW KINDLY ADVICE THE READERS ABOUT HOW TO GET INTO THIS PARTICULAR FIELD OF LAW.

    Get involved with work. When I come to think of it, most of the law that I learnt was by applying the same to practical situations in internships. So, you really learn by doing. Agreed, not all schools have a maritime law curriculum, but I don’t think that makes a difference to the practical side of learning it. Also, as with any other stream of law, keep reading and updating yourself on developments in the field. It’ll be important to be in sync with not just Indian law but also with English law and sometimes Singapore Law. The only way to really get into this field would be to first try and secure an internship in the field and then see if one can fan that spark into a flame.

     

    MARINE LAW IN INDIA IS QUITE OLD, WHICH MEANS THE LAW IS NOT THAT EFFECTIVE TO DEAL WITH NEWER CHALLENGES. WHAT IS YOUR OPINION ON THE SAME?

    We are fortunate to have a learned judiciary that keeps the general best interest in mind. A lot of maritime law in India has also developed from precedents such as the MV Elisabeth case where the Supreme Court made international conventions applicable as common law. The decisions delivered by the courts have developed maritime law to global standards. In fact, it is my opinion, in shipping at least, that the judgments of Indian Courts are delivered as fast as, if not quicker than, foreign courts. Even now, there are steps being taken to make a comprehensive legislation that will take into account the situations of this day and age. Till then, the multiple inter connected legislations in maritime law will have to be referred to, by taking into account the specific facts and circumstances of the case.

     

    PLEASE SHARE WITH READERS YOUR EXPERIENCE AT BOSE & MITRA & CO. AND SCORPIO MARINE MANAGEMENT (I) PVT. LTD.?

    Both experiences were unique in their own way. As a Junior Associate at Bose & Mitra & Co. I had a chance to do a lot of shipping litigation work – both in courts and multiple arbitrations. I cannot stress enough the importance of working well in teams – especially in marine law. Litigation is unpredictable, but litigation in maritime law is even more so – an American client can give you instructions late night to move court in respect of a ship that will enter port early in the morning. Time is of essence and to be able to share the work effectively and coordinate with multiple parties will really lead to success. Bose & Mitra & Co exposed me to all this. Apart from this, we also worked on a lot of advisory work as well.

    Scorpio Marine Management (I) Pvt. Ltd. is essentially the Indian arm of the global Scorpio Group – a behemoth in the shipping industry. I worked there as a Shipping Claims Analyst in the Legal Shipping Claims team based in Mumbai. I was extremely fortunate to have excellent seniors and mentors there as well. The Scorpio experience allowed me to gain experience in dispute prevention rather than just dispute resolution. It threw me into a very enriching international experience. A regular day involved dealing and interacting with lawyers and people the world over and advising the company in various situations. It also was partly responsible for setting the tone to my aspiration of moving into the business side of things. It pushed me to get a commercial perspective while dealing with matters.

    All in all, when I look back, I can safely say that both were excellent experiences, helping me lay the foundations for my career.

     

    HOW DOES IT FEEL TO BE AN INDEPENDENT PRACTITIONER/ ADVISOR IN THE FIELD OF MARINE LAW?

    Trying out a short stint on my own before business school and getting a better understanding of the business side of shipping was important to me. I really wanted to get a first-hand experience in building something from scratch. It’s given me a chance to do a lot more than just legal work. In a way, it is shaping my business development skills, organisational understanding skills and generally understanding the commercial reasoning behind decisions. I am fortunate to have a few very senior people in the shipping industry who are mentoring me and giving me this exposure before I embark on a business education. Of course, I am no longer involved in high profile collision, piracy, oil-spill matters, but I am getting a chance to be my own boss and work on smaller advisory matters. And at the same time, I am getting an exposure into the management side of things in the shipping industry.

     

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    NOW THAT YOU HAVE DECIDED TO UNDERTAKE MBA, WHAT INSPIRED YOU FOR THE SAME?

    As I mentioned before, my interests and ambitions were gradually getting inclined towards management of businesses. I remember when I was in school, I really wanted to do something of my own. By deciding to do an MBA, in my own way, I am trying to give shape to this dream. My experience at Scorpio too was crucial in understanding that there is a lot more to business than only what lawyers dealt with. I wanted to get involved in all of it and to be able to do that, getting a formal business education was vital, at least for me. What the future holds only time will tell. Someone said it best when he said that if you have a plan for your life, what is guaranteed is that it won’t go as per that. So, I can really comment on the rest as and when things shape up.

     

    APART FROM THE SUCCESSFUL CAREER THAT YOU HAVE, YOU ARE A MUSIC ENTHUSIAST AND A SPORTSMAN. HOW DO YOU THINK THE EXTRA-CURRICULAR ACTIVITIES HAVE HELPED YOU IN MAKING WHAT YOU ARE TODAY WITH REFERENCE TO THE EXTRAORDINARY ACHIEVEMENTS YOU HAVE IN MUSIC AND SPORTS?

    Music enthusiast – true; sportsman – not so sure. I’m not as much of a sportsman as I am a person that likes playing a lot of sports. I’m not sure that would qualify as a “sportsman” so to speak. I think working well in teams is vital in life. I don’t have years of experience, but if there is one thing I’ve learnt in the course of my work it’s that you’ll get a lot more done better with a team than without one; and playing team sports only helps in developing a general ability to deal with various types of people. Maybe not consciously, but unconsciously just playing with ten other teammates trains the brain to think in cohesion with a common purpose. Unfortunately, my professional football stint came to an end after a major injury in the beginning of my fourth year. My inclination towards music has, fortunately, not met with the same fate. I’ve completed four grades of the violin curriculum from the Associated Board of the Royal Schools of Music, London. Presently, I play the guitar and am dabbling with the djembe. I think playing a stringed instrument really helps in developing an analytical mind. Trying to get the right note on the neck of your violin or the fretboard of your guitar sort of trains the brain to think a certain way, I guess.

     

    HOW IMPORTANT ROLE PUBLICATIONS AND COMMUNITY SERVICE PLAY ACCORDING TO YOU IN SHAPING ONE’S CAREER?

    I’ve never been an extraordinary over achiever, so for a question like this I’d just say be involved in anything that echoes well with who you are and the zone you come from. If you’re going to do community work with an intention to “build a profile”, then that’s pointless. If you feel strongly about something, get associated with a cause. I work with an organisation that deals with gender equality and women’s health, but I’m realistic about what I can and cannot do with them. I help them in ways in which I think I can be useful. I don’t do as much field work with them but I do the research and paperwork for them. Personally, I feel, this won’t perhaps scream out as a super achievement in community work. Nevertheless, I do it because I think it’s a way in which I can be more effective in dealing with a cause for which I feel strongly about. As to publications, again, they scream laurels on your CV, but if you can’t have a free flowing talk about it, then it seems you’ve done it just to see your name in print. If you’re really passionate about a subject, then research all you can on it and write as much as you can. It’ll only help.

     

    THERE IS AN INCREASINGLY TRENDING BELIEF AMONG THE YOUNG LAW GRADUATES OF TODAY THAT IN SPITE OF WHATEVER THEY MAY HAVE ACHIEVED IN THE ENTIRE DURATION OF THEIR RESPECTIVE LAW SCHOOL TENURES THEIR PROFESSIONAL WORTH IS ULTIMATELY DEEMED REDUNDANT IF THEY HAVE NOT IN THEIR POSSESSION AN LLM FROM AN IVY LEAGUE INSTITUTE. WHAT IS YOUR VIEW ON THAT?

    Maybe I’m not in sync with the current thought processes of students but this is a first. Education is always great. A wise man I look up to once told me education always pays you back with interest and it’s not just monetary. To beat yourself up, however, because you don’t have an Ivy League specialisation is a little extreme for me. Additionally, what really matters is the quality of the education that you want in the stream that you’re interested in. So, if its maritime law, you’ll usually hear of people going for their masters to University of Southampton in the UK or Tulane University in the US. Neither of the schools is an Ivy League institute. So, what it burns down to really is what one wants and whether a school can provide what that individual expects from an institute.

     

    WHAT FINAL PIECE OF ADVICE WOULD YOU LIKE TO PASS ON TO THE READERS?

    I’m hardly in a position to dish out advice, really; but for your law school student readers, I’ll just suggest this – follow your gut. Make the most of college and soak in all that your institute has to offer. Sound everyone out – seniors, mentors, guides, etc. Still, ultimately do what you have to. Once you do that, have the conviction to follow through, and when you trip, get up, brush it off and move forward. You only have yourself to blame if you don’t make it.

  • Prathamesh Joshi, faculty at Symbiosis Law School Pune on teaching law at college, completing CS and his opinion on co-curricular activites

    Prathamesh Joshi, faculty at Symbiosis Law School Pune on teaching law at college, completing CS and his opinion on co-curricular activites

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    Prathamesh Joshi, Assistant Professor at Symbiosis Law School, Pune has been teaching law for two years now. He is a professor of Contract Law and Code of Civil Procedure Code. He is loved among his students for his unorthodox way of teaching. He is also an alumnus of Symbiosis Law School, Pune having pursued his LL.M in Business and Corporate Law from the same college. He has also successfully completed his CS in 2016. Apart from teaching, he is very enthusiastic about games and sports, especially football.

    Hello Prathamesh, the Superlawyer Team wants to thank you for giving us the chance to interview you. How would you like to introduce yourself to our readers?

    I am Prathamesh Joshi. I have been teaching law in Symbiosis Law School, Pune. I specialise in Business and Corporate Law and teaching law is my passion. I have also cleared my Company Secretary course successfully in 2016.

     

    People throw a typical glance at those who study or practice law in today’s time as all lawyers are necessarily branded and stereotyped as self-serving in some way. Despite chances of facing such a situation, what are the factors that had motivated you to choose law over other profession?

    Since I am from a commerce background, I understood the necessity for corporate compliances. Through this sector I can serve the nation by contributing to the economy through my theoretical and practical knowledge in the corporate sector.

     

    How will you describe your law school experience?

    I had a very decent law school experience. My LLB days were fairly good as I did well in almost everything. My LLM days were very good as I studied in one of the premier law schools and was able to take part in many activities such as football, drama and so on. Coming to academics, I performed very well and I was able to strike a wonderful balance in every aspect.

     

    During the course of study, a student’s interest keeps on changing from time to time. I believe you have experienced the same as a student and see your own students experiencing the same. What is your take on it? How should one choose a particular field of law to pursue and make a career on it?

    Yes, students’ interests keep changing and are part and parcel of the legal education as students come across various subjects which they wouldn’t have ever before. My favourite subjects were Criminal Law and Constitutional Law but, as I stated earlier, I chose Corporate Law as it facilitated by vision to serve and contribute to the nation.

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    Having done LLM, how relevant do you find the same when it comes to a reality check? Do you think LLM has helped you in a positive way in making you who you are today? Kindly elaborate.

    LLM is very helpful as it dwells into the intricacies which are involved in a particular field of law. It has definitely helped me because the curriculum was designed in such a way that it gave me an opportunity to learn various aspects and gain maximum knowledge. The subject I studied was contemporary Business and Corporate Laws.

     

    In the current situation, people often go out to the foreign countries for pursuing masters in law. What according to you prompts people to take the foreign route for pursuing LLM?

    As far as going abroad is concerned, in my opinion, there is no large gulf between the education provided abroad and in India. Important specialisations such as Corporate, Criminal, Constitution, IPR and so on are provided in many universities across India with high quality. It is the experience which prompts majority of the students to go abroad.

     

    You are possibly the only professor who has completed CS but is still a professor of law. What’s your take on CS?

    Despite me completing my CS, I still identify as a law professor because of the belief within myself and my family as well as various third persons such as my students that I should continue to teach in law. CS as a profession opens a lot of doors and provides many opportunities such as teaching, working in private and public sector and so on. Most of all, the Course provides you with a lot of practical knowledge in addition to the theoretical knowledge.

     

    Many people consider CS to be an excellent value addition to their CV. Many people believe that CS is the key to a good corporate job. What do you think on this point? What should be the objective (aim) of the student if he/ she want to pursue CS?

    The reasoning of the people is legitimate. Earning money as a prime motive is legitimate and there is nothing wrong with it despite many criticisms of that notion. This should not be the only motive however. Finding ways to perform well and making efforts to strive for excellence shall ensure that success and money would follow. Interest in the subject and excellence should be the aim.

     

    Having been into teaching for some time now, how will you describe your experience of the same? Did you come to teaching after thorough planning or did it come coincidentally?

    The teaching profession was planned in advance because of my passion to serve.  My experience in teaching has been a very good one. I have received positive feedback on my rather orthodox way of teaching, which is linking up various themes and topics in order to make a strong point across to the students. Students’ being good listeners has also been a contributing factor.

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    Some people believe and opine that mooting, authoring research papers are a kind of skill development exercise and without these one will not have a good career (will not get a good job post graduation). What’s your take on this point?

    Of course, mooting and authoring research papers are important part of a law student’s life as they will help in minimising mistakes, but his should not be at the cost of academics. You should be able to strike a balance between both aspects because along with theoretical knowledge, logic and reasoning (can be mastered through mooting) is also necessary.

     

    What has been your happiest Day as a law student and law professor?

    Worst Day as a law student and law professor – none in specific, but I have faced a bad day where I was not able to deliver a proper lecture and couldn’t do enough justice.

     

    Despite being a professor in a law school, you still don’t miss even a single match of your favourite football team, Bayern Munich’s match. How do you maintain your work-life balance? What other hobbies do you have?

    The key for this is panning out well before hand and striking a balance among all the necessities. Teaching and being among students themselves act as a stress buster. Other than football, I am a big lover of music and I play the mouth organ too.

     

    Is there any parting piece of advice you would like to pass on to the readers, especially the students.

    I only have a simple piece of advice. Be diligent in everything you do, strike a balance and plan in advance all the things which you want to do and enjoy college to the fullest. Strive towards excellence and success will follow.