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  • Raj Panchmatia, Partner , Khaitan and Co., on work experience in litigation and disputes resolution

    Raj Panchmatia graduated from Mumbai University in 2000. He is a partner in the Dispute Resolution Practice group in the Mumbai Office and has a rich experience in the field of dispute resolution and commercial litigation, both at domestic and international fora. He has advised clients on a wide variety of claims under Indian Arbitration Laws, SIAC, LCIA, ICC, UNCITRAL and HKIAC and has extensive experience in dealing with disputes under all forms of contracts and agreements. Raj also advises clients on litigation before the Supreme Court of India, various High Courts of the country, the Securities Appellate Tribunal and the Company Law Board.

    Raj has worked on a number of corporate and commercial litigation matters for various private equity investors, multinational and industrial houses of the country, including prominent infrastructure, real estate, automobile, defence, hospitality, public sector undertakings and ship building companies. Raj has also represented the Government of India on various dispute resolution matters.

     

    In this interview he talks to us about:

    • His work at Khaitan and Co.
    • Necessity of a mentor or guide.
    • Difficulties faced in the early days of practice.
    • How he keep himself abreast with latest industry news and trends.

     

    You graduated from Mumbai University in 2000. What was the legal profession like back then? What were your objectives as a law student?

    Legal profession back then was still technologically evolving. Those were interesting times,as law could be found only in books and not on Google. My senior told me – work hard and rest will follow.

     

    How is your work at Khaitan and Co.? Please tell us a bit about your work profile. What are the responsibilities you are entrusted with?

    I am a partner at Khaitan. My core area of practice is litigation and disputes resolution. At Khaitan, I have been fortunate to be part of some of the biggest litigations and arbitrations of recent times, in terms of value and significance. My clients vary from international companies, PSUs and Indian promoters in all sectors. Joint venture disputes seem to be in vogue these days, and I advise on many of them as well. As a partner in a law firm, soft skills play an equally important role as legal skills. As a Partner your responsibility would also include building and managing a team which is effective and a practice which is robust.

     

    How necessary is it to have a mentor or guide to handhold a young lawyer while still in the formative years of the profession? Did you have one?

    It is good to have a mentor and a guide in your formative years who is willing to guide you through the nuances of the practice, especially if one comes from a non-legal background. In my formative years I had an opportunity to train under some of the finest legal minds Late Mr. D M Popat, Senior Partner of Mulla & Mulla & Crige Blunt and Caroe and Mr. D D Udeshi, Partner of Udwadia & Udeshi as it then was. I also had an opportunity to work under Mr. D E Udwadia, who exposed me to corporate laws, which has been very helpful in dealing with corporate disputes of today.

     

    What were the difficulties you faced in the early days of your practice? How many years of hard work does it require to build a firm clientele?

    Let me put it this way, if you are willing to learn and work hard, things become easier. There used to be paltry sum of stipend (compared to what interns make these days) and hours were long. I never said no for any kind of work that came my way. As I don’t come from a family of lawyers, learning on the job was the most effective way. It was tough but satisfying. Unlike in the present times technology was not so easily available and research would take far more time. I had to learn the ways to complete the research efficiently and without missing any important points. This exposed me to a variety of laws, and I gained rich and vast experience. The crucial thing, which I feel I learnt from the experience, was to apply innovative and lateral thinking, despite time pressure.

    You build relationships not clientele. You need to build trust and provide consistent quality advice. There are no fixed timelines for this.

     

    Could you tell us about the atmosphere in each of the places you have worked and what one should keep in mind before joining?

    I have been part of a large as well as a mid-size organization. Each organization has its own systems, which essentially shows the values and beliefs of its founders/partners. Fortunately, every place I worked at had an atmosphere of trust and it felt like a big family, which helped me grow professionally as well as individually.

    I would say that before joining a firm, one should first understand the ethos of the firm as a whole. One should choose an organisation that is known for its integrity, value systems and has a work culture that allows its resources to flourish and bring excellence at their work.

     

    From an Articled Clerk to Advocate and Solicitor assistant at Mulla and Mulla and Craigie Blunt & Caroe, how did it happen? What are the important attributes for an Articled Clerk to work on?

    I joined Mulla & Mulla after I qualified as an Advocate and then went on to qualify as a Solicitor. In hindsight, it was perhaps one of the best career decisions I made as I found the learning curve to be extremely satisfying. My initial training in Mullas gave me a firm foundation. There was a lot of hard work, research and reading. Practice then was not slotted in compartments which meant,I got experience in various spheres of law.

    Once a candidate decides to become an articled clerk, and has chosen a master to learn from, it is then most important to put his full faith and trust in his master.  So decide well under whom and where you want to article, as this is the place which will make a lawyer out of you.

     

    How do you keep yourself abreast with latest industry news and trends?

    At Khaitan we have a very good initiative which is CLE (Continuous Learning Exercise) which helps all its advocates keep themselves updated. A CLE is a monthly session where all teams present updates from their respective practice areas, followed by a brief discussion. These sessions are very helpful as you get to interact with lawyers experienced in that field. I also read judgments, legal journals and magazines as time permits. Discussing and sharing issues with my colleagues is also helpful and often bring out new nuances and directions.

     

    You have authored articles in various Indian and International legal journals. Please share with our readers your experience.

    Writing is not something which came to me naturally. Having said that, once you make an effort and if the result is even partially satisfying, it is a huge gratification. I intend to explore this more. Of course my team has been extremely supportive in my efforts and credit must go to them as well.

     

    What would be your parting message to law students?

    I can only pass on which I inherited and strongly believe in – Be true to yourself and true to your work and the rest will follow. Never shy from working hard.

     

  • Trupti Kulkarni, Senior Consultant, Vahura, on being a Candidate Engagement Lead at Vahura

    Trupti Kulkarni graduated from University Law College, Bangalore in 2005. She joined Accenture Services Private Limited where she worked for an Insurance Process handling Motor Insurance Claims. She also worked with Honeywell Technology Solutions and TPI Advisory Services handling Contract Management.
    At Vahura, Trupti used to head recruitment at senior and mid- level, for corporates and law firms, concentrating on South India. She has regularly worked on General Counsel and Senior Management positions in the IT, infrastructure, manufacturing, pharma, FMCG space. More recently she has moved on to internal functions within the organisation focusing on Candidate Engagement and Employee Motivation initiatives. She also handles internal recruitment at Vahura.

     

    In this interview she talks to us about:

    • What prompted her to join Vahura.
    • Impacts on her after joining Vahura.
    • How legal education and training helped her in the present role.
    • Advice to a young lawyer if he/she wants to tread the alternate career path.

      

    How would you like to introduce yourself to our readers?

    I am a lawyer by training and a HR professional by choice. I passed out of the Bangalore University Law College in 2005. I am a second generation lawyer. My father is an advocate with more than 35 years of practice at the Bar. He handles matters pertaining to Writ Jurisdiction, Service and Constitution among others. My brother and sister-in-law are also lawyers. My brother works as an In-House lawyer while my sister-in-law has taken a break from active practice. So, in a way, I am the lawyer who took the bypass route J  I worked in-house with Accenture. Honeywell and did a brief stint with a company called TPI Advisory Services where I handled contract management. For more than 6 years now I have been working with Vahura where I have had the opportunity to don many hats and to prove myself in areas which have been new to me. I am also a mother of 2 and hence am on a constant balancing act.

     

    What prompted you to think of law as a career? If not law, what other options would you have considered for your career?

    Like I mentioned, I come from a family of lawyers. Dinner conversations are usually about all the court room drama and about how legal issues could have been handled differently. Some of my earliest memories from childhood are about clients walking in to our home cum office, even on Sundays, to have a discussion with my dad. Infact he has been and will always be a deep influence in my life. My dad gave up a Central Government job with the Telecom Department (8 years to be precise) to study law and to start afresh. Through sheer determination and hard work he established himself in the field to get to where he is today. With such a role model it only seemed natural for me to follow the same path. Even before I could complete my pre-university from the prestigious Mount Carmel College in Bangalore, I knew I would be studying law for the next 5 years. Now when I look back, I think that if I hadn’t tread this path, I would probably have gone on to obtain a degree in Communication Studies or Psychology at Mount Carmel and would be in a role related to either of them.

     

    What prompted you to change the track and join Vahura?

    My family always knew that I was more of a people’s person- someone who would be good at people interaction and counselling. I guess I took some time to realise what they already knew. By the time I had changed 3 jobs I was starting to feel that there was something missing. I was a trained lawyer so I didn’t want to be completely out of the profession, but at the same time I felt that I should be doing something different and unconventional. I was not sure what that was, though. One day, on my brother’s suggestion, I got onto the Vahura (then a part of Rainmaker) website to hunt for a job. Instead, I was more curious to read about the team there and what they did. What I read about them intrigued me. Suddenly, the missing piece of the puzzle seemed to fall in place. I contacted Vahura to ask if they were hiring. Although, they weren’t at that point of time, they reached back to me a few months later. There has been no looking back since then.

     

    What is the reaction of people when they hear about what you do, especially friends and family?

    I have been with Vahura for quite some time now and so most people who know me, know what I do as well. In a way, Vahura and my role here has become a part of my identity. Friends and family are generally curious to know what I mean when I say I work for a legal talent management firm. They want to understand how it works and what the business model is. Most of them usually find it interesting and say that they didn’t know something like this existed! A lot of them find what I do pretty cool and have even asked me if we would be hiring.

     

    Do you miss a corporate career and the perks that come with it? How easy was the transition from being an In-House Lawyer to joining a startup like Vahura?

    Since the shift was a conscious and well thought of decision, I was prepared for all the changes that would accompany it. I do remember, that have worked with a company having 5000 odd employees on campus, coming into a small office with just 2 other colleagues for company felt a little strange, initially. But the work was so interesting, there were so many new people to meet, so many different things to learn that I didn’t mind at all. The best part was not being tied to the desk. Meeting clients and professionals meant that I was constantly outside. That always helped break the monotony and made work exciting. Infact, it’s so easy to get lost in the crowd when you work for a bigger organization. Here, each small contribution that you make stands out and earns you recognition. Of course, you probably don’t get the same perks that would have come from working with a bigger organization. But then the flexibility, the opportunity to take on more responsibility, the ability to grow quickly and to expand on your learning are unmatched. They more than make up for anything else that you miss out on otherwise. I have always been very sure about what I do not want in terms of a career- long work hours, system bound work procedures etc, don’t interest me. That way, I feel that I have got more than what I could have asked for.

     

    How has the decision to join Vahura impacted you as a person and your growth as an individual? 

    I would say that the impact has been tremendous. I am much more confident as a person. My present role has helped me realise my own strength and the organization has seen potential in me when I myself have not. I can confidently say that I have learnt much more in these past 6 odd years than I have in any of my previous roles. I started off as a legal recruiter and was soon overseeing hiring for the entire Southern region (law firms and in-house included). When I was back from a maternity break and requested for a change of role, I was quickly absorbed into more strategic functions. I currently oversee Internal Functions and People Management, besides handling Performance Management and Internal Talent Acquisition for the organization. I also got one of the biggest opportunities in my life when I became one of the Directors on the Board, about a year and half ago. I can proudly say that I am the first Woman Director at Vahura! I don’t think I would have got this opportunity anywhere else and that too so early on in my career. If I look back at my career graph and see the entire gamut of work that I have handled, I see no regrets and I feel satisfied.

     

    How has your legal education and training helped you in your present role?

    My legal education and training has been a big advantage in all the roles that I have played at Vahura. We touch all aspects of Legal Talent – recruiting, consulting, governance, mentorship, community engagement. Although a legal education is not a pre-requisite for all this, it does make a huge difference. When I am recruiting a lawyer for the legal team of a company, it helps if I have been an in-house lawyer myself. It gives me an intuitive understanding, backed by practical experience which works very well for the client as well. So also, as a HR Manager for Vahura, my previous corporate experience has come handy in implementing best practices and recommending changes for the organizational well-being.

     

    If you were to do one thing differently, with respect to your career, what would that be?

    I would probably go back to law school and would take my internships and moots more seriously! Not that they have impacted my career progress and have affected what I am today. But they would have definitely helped me make a more informed choice and would have helped me figure out faster what WOULD NOT work for me. I interact with law students/ fresh graduates now and see how well prepared they are and how thoroughly they have researched about what they want. I can’t help but feel a pang of envy! I admire them for knowing what they want, so early on in life. It definitely gives you an edge and helps you stay focused.

     

    What would be your advice to a young lawyer if he/she wants to tread the alternate career path? 

    We are all in a noble profession. The opportunity to make a difference in society and in the lives of others is so much more for us as lawyers. Whether you are a litigating lawyer who is fighting for the right cause or a corporate/ law firm lawyer impacting businesses decisions, there is no limit to what you can achieve in this field. If that is not your cup of tea, then you can always be an ‘alternate lawyer’ like me and help make an impact by being on the other side of things. The ways in which you can do that are unlimited. For instance, I am presently heading a project at Vahura called ReLawnch. It is aimed at helping women lawyers make a comeback into the profession after they have taken a career break. We have had our first success by helping a woman professional start her career in litigation. The entire experience is so fulfilling and enriching that it is unparalled. To know that what you do makes you happy and that you are doing your bit to make the world that much better- that is when you know that you are doing the right thing! And if that means doing something unconventional and taking the road less travelled, so be it. If it doesn’t work, you always have the option to get back to the core legal profession. But it is important to try before you arrive at that decision.

  • Vedula Venkata Vyagraeshwara Sastry, Senior Associate, Khaitan and Co., on work experience in litigation at Khaitan and Co.

    Vedula Venkata Vyagraeshwara Sastry, Senior Associate, Khaitan and Co., on work experience in litigation at Khaitan and Co.

    Vedula Venkata Vyagraeshwara Sastry graduated from South Calcutta Law College (2006-2011). At present, he is working with Khaitan and Co. as a Senior Associate. His areas of practice include litigation (both civil & criminal), Dispute Resolution, Banking laws, Litigation & Corporate Advisories, Legal drafting & Legal research, General Corporate and Admirality matters.

     

    In this interview he talks to us about:

    • His experience at Khaitan and Co. till now.
    • Main areas of law he deals with.
    • Recruitment process at Khaitan nd Co.
    • Advise to law students who suffers difficulty in finding their area of interest.

     

    As a senior associate in Khaitan and Co., what is the work experience you have gathered till now?

    I consider myself lucky as I had the opportunity of starting my career from Khaitan & Co. and with the guidance of my mentor, Mr. Arvind Jhunjhunwala, Senior Partner of the firm all throughout, I got immense opportunities to work on new and interesting matters. Presently, I shall complete my five years in the firm this December 2016, however, I would say my extra three years exposure to work during my college days at the firm was more fruitful. Right from my early days in the firm till today, I am getting involved in variety of work and which includes  Civil matters, Company Matters Arbitration matters, Insolvency Laws, Constitutional matters Admiralty matters, Environmental matters, Consumer matters, Matters under the MSME Act, Testamentary matters, Matters relating to Debt Recovery Laws and Criminal matters.

    More importantly, my mentor always used to lay emphasis on two things First) all litigation lawyers working in a firm should make an endeavor to act and represent client’s in court with the limited assistance of Independent Counsel and should not act a Post office.  I have taken full advantage of this, and have started appearing and  arguing before Courts and also before various tribunals starting from DRT’s, CLB now NCLT , NGT, Estate Officer right from my trainee days and this is very important. I still remember that during my early days, I happened to appear before DRT to seek an adjournment on the ground of my colleague (who was in charge of the matter) and who was not present on that day. I thought it is simple so I agreed.  I was new then, was not even aware of the matter and I simply went and submitted the same. The LD member after hearing me has just said that “…Your client has admitted the dues, so I am passing an order directing your client to pay…” I was speechless, could not even react and accordingly the LD DRT passed an order directing my client to deposit around fourteen crores. From that day I decided that I will never endeavor to pray for adjournment and shall always endeavor to be fully ready and argue the matter. I must say that matter taught me the lesson to fight and after that the banks have resorted to various forums to recover the amount but I always stood in their way and ultimately the matter got settled but it was an experienceand b) Second, we should always be ready to accept the work and render our service even at the eleventh hour. I still remember that for my first matter, I had to work the whole night of 31st December 2011, and 1 January 2012, though my friends were enjoying the new year party  but  then I realized that this is the real challenge which as litigation lawyers we should be ready to take and still today, I do the same.

     

    What are the main areas of law that you deal with? What does a senior associate have to do at a big law firm like this?

    I am not a specialist lawyer and I do all things which come across. My main forte includes civil matters, Company Matters Arbitration matters, Insolvency Laws, Constitutional matters Admiralty matters, Environmental matters, Testamentary matters, Matters relating to Debt Recovery Laws, Consumer matters, Matters under the MSME act and Criminal matters.

    As a Senior Associate the responsibility is to ensure that you give the best service to your client. We should try and aim a situation where the client should repose full faith in the decisions and strategy advised by us. Once, a client is happy with the work and the service that would automatically pave way for new clients without any display of PR skills.

     

    What skills and qualities do you think have helped you achieve your current position and stature?

    First is hard work. There is no substitute to hard work. We all may not be intelligent but we should be hard working. I always wanted to be a lawyer and I love what I do and I work  hard for it and  Second is the Assistance you get from your mentors, I have been lucky that I go the guidance of eminent legal professionals, to name them, My Senior Mr. Jhunjhunwala,  Mr. S N Moookherjee, Senior Advocate, who allowed me to attend his chamber and to use his library after my work hours at the firm and have always guided me and and Mr. Anirban Ray, Advocate who always guides me in resolving the  legal problems. They all have provided me with quality guidance and have extracted the best out of me.

     

    What is your opinion when people say that all they have learnt is in their years of practice? What was the case in your situation?

    I agree to this as the same applies to me. Practice makes a man perfect and for lawyers both corporate and litigation it is the practice and application of law which grooms them. In college days, we don’t even realize as to how the real world would be and this system has to change. Education needs to be more precise and simple. The authorities should endeavor to act in a manner that every individual who graduates law must be in sync with the practical reality of life. Life in college is different then what exactly it appears when one chooses to join litigation and to act as a Counsel. The dimensions of life vis-a-vis in the present competitive world requires a robust system of education and learning which will make law graduates more self-sufficient

     

    Please tell us the recruitment process at Khaitan and Co.? How did your appointment take place?

    I believe our office has campus recruitment, where students studying at different law schools are selected. I have also seen lateral hires. So it all depends. Since I was associated with the firm since my college days, and was shaping up well, so maybe I got recruited after I graduated law in the year 2011 itself.

     

    What changes has being a senior associate brought into your life, do you ever feel that there is excess of work load on you?

    I do not feel any change. Life is the same. I always want more work as I do not like to sit idle and also do not like to keep things pending. I wish we had a day more than 24 hours, so that I can devote substantial time what I love doing.

     

    Have you ever considered litigation or starting up on your own? Would you say the opportunity a firm provides for a young lawyer is worth the trade off in building reputation?

    I am enjoying what I am doing and the  level of freedom  that my   mentor has entrusted me at work  cannot be compared so  idea  of doing independently never came across to my mind till now.

     

    You are working with Khaitan and Co. since your college days. What would you say contributes to the high attrition rate of the top law firms?

    It depends to person to person and also largely on the individual goals a person has for himself. Higher attrition rate is everywhere and nothing particular with law firms.

     

    Lots of students find it very difficult to find their area of interest. What would be your advice to law student or young lawyer who is suffering from this dilemma?

    Read well. And focus on what you want to be and aim for that. Never lose hope and always keep trying. Please try and aim what you want to be. Identity your strengths and weakness as this shall help you to focus on the areas which needs more attention. Enjoy your college learning days but at the same time also pursue your dream.

     

    Where do you see yourself ten years down the line? Do you aspire to be like somebody from this field?

    Ten years too far, Honestly, I have not planned that far. Presently, I want to be the most sought after lawyer by continuing what I am doing.  I want to make sure every client who comes to me is satisfied with the quality of services and that should pave way for new opportunities of assisting new client’s.

  • Prashant Chandra, Associate, Vox Juris, on work experience in litigation at Vox Juris

    Prashant Chandra, Associate, Vox Juris, on work experience in litigation at Vox Juris

    Prashant Chandra graduated from Campus Law Centre, Faculty of Law, University of Delhi in 2011. He is a diligent and well read lawyer with acute legal acumen and professional commitment.
    With more than 3 yrs into litigation, he has handled the panel work of ICICI Bank, HDFC Bank, HDFC Standard Life Insurance Co., TATA AIA Insurance Co., Future Generali Life Insurance Co. and Aviva Life insurance Co. before various Forums/NCDRC along with trail in civil disputes viz. recovery, service, property matters before Delhi High Court and various District Courts of Delhi. At present, he is working as an associate at Vox Juris.

     

    In this interview he talks to us about:

    • Challenges he faced as an advocate in Delhi High Court.
    • Importance of mooting and academic writing.
    • Difference between a practice in a High Court and the Supreme Court.
    • How he decided to write his book “The Tumult over Law of Homosexuality”.

     

    What would be a brief introduction of you?

    I am a first generation lawyer. I am dedicated towards my work and very passionate for litigation. I come from a family of academicians and government employees. Throughout my student life I have been very active in various extracurricular activities and been involved in different vocations. I did LL.B. as 3yrs law course after my graduation so I had enough time to be involved in different professions. After having experience in different fields, I finally chose litigation as profession since it keeps me in a constant phase of motivation, gives me a chance to daily improve myself and achieve whatever I desire.

     

    Please elaborate on the motivating factors which helped you in choosing legal studies.

    Throughout my life I have been inquisitive about only two aspects related to anything- Firstly, the science behind a particular thing and secondly, the logic behind existence of that particular thing in that particular form. The science part involves all the technical knowhow of invention and things related to chemistry and physics whereas the logic part involves all the issues related to the rules/law governing that particular thing.

    Simply put, whenever I use any object, say a pen, the first two questions which come in my mind are: (1.) How that particular pen was crafted viz. ink put in a sleek tube/refill, writing tip made etc. (2.) Who determines the specifications related to a pen, what standards are to be maintained, what size and characteristics of a pen should be set, so as to give it a standard definition. When we look answers for such questions, we find that there is a Ball Point Pens and Refills Committee, formed by Indian Standard Institution regulating the manufacturing details of ball pens. Since I couldn’t cope up with chemistry, I decided at the initial stage of my career that I’d pursue my career in a direction which doesn’t involve studying science and would devote my time in answering the second question i.e. knowing the law governing the society.

     

    Were there any activities you participated in that honed your skills as a litigator? How are they relevant now?

    In 1st year of LL.B., I was able to qualify as a member of Moot Court Society, CLC, Faculty of Law, University of Delhi. Later on I kept myself engaged as participant as well as volunteer in other Moot Court Competitions organized in Faculty of Law. In 2nd year of LL.B., I did internship in Supreme Court of India. In 3rd year, I did internship in District Courts of Delhi and for two months in Dehradun District Court also.

     

    How did you prepare for the Bar in a span of a few months?

    I collected the material and question papers of previous years AIBE from my friends and prepared accordingly. It’s an open book paper so I also took those books and few bare acts. While preparing for AIBE along with the main portion of law one should focus on the practical aspect of law viz. limitation periods, date of amendments, punishments prescribed for major offences, authority of judges etc.

     

    What are the challenges of being an advocate in the Delhi High Court?

    Yes, it’s true that being an advocate in Delhi High Court is quite challenging because there is a lot of competition in Delhi High Court. But the presumption that a first generation lawyer cannot survive in Delhi High Court is a myth. The merit is always appreciated in Delhi High Court, if you are well read and prepared to present your case the way it should be presented, then you will definitely get the relief you desire. The quote; “first deserve then desire” is applicable in its strict sense in Delhi High Court.

     

    What are the main types of cases you focus on?

    My area of litigation is writ petitions/appeals/LPA/revision etc at High Court of Delhi and all type civil matters viz. cases related to contracts, specific performance, service matters, executions etc. Recently I have also started practicing at criminal side with few astute and experienced lawyers having vast experience of criminal trial.

     

    What is the most challenging case you ever faced? Is there any case that changed your perspective on the judicial system?

    The most challenging case I ever faced was in Supreme Court of India related to service matter, termination of a Class I officer on grounds of alleged misconduct. The most challenging part in that case was its 6 years of dismissal owing to incomplete and improper presentation of case in several rounds of litigations before Delhi High Court and also few applications at Supreme Court. However, at the stage of SLP, after thorough research, precise drafting and proper presentation of the case I along with other advocates of my team, were able to get the desired relief and was able to get that employee reinstated from the Supreme Court of India. Further, I am a firm believer that our judicial system is fair and reasonable with eminent judges sitting at the helm of Justice and there has not been any case which could change my perspective on the judicial system.

     

    How important do you think mooting and academic writing are for a law student aspiring to become an advocate?

    Mooting is very important for a student who aspires to become a lawyer. It gives you confidence, exposure and removes your hitch to present your case. Mooting helps you become an advocate and experience what lies ahead of you, even before clearing your exams. As far as academic writing is concerned it is also helpful to supplement your research. Instead of only discussing a case law at tea stall or criticizing some High Court/Supreme Court judgment, a law student should step up and try to write a case comment or article on any High Court or Supreme Court judgment, on issues of his/her choice.

     

    Many students aspire to practice at the Supreme Court and High Courts. Should a student first practice at the Trial Court to learn the nuances, or is it fine to start at a High Court itself?

    My advice to all my juniors has always been to do internship in Supreme Court, High Courts and for that matter in Law Firms also, while you are pursuing LL.B. But once you are enrolled as an advocate, don’t skip the trial court/district courts. Everyone should always give at least 1-2yrs in district court; the main practice is learned in trial court only. High Court and Supreme Court are extension of what you practice in lower courts. If you once skip this initial step you will spend most part of your career in learning what could have been learned in initial 2yrs of your practice. And the best part of practicing in Delhi is that all the district court lawyers here do have some matters at High Court/Supreme Court also, giving you a fair exposure in your initial period of litigation. Moreover, if you start your own practice, initially people will bring to you lower courts matters.

     

    What are the differences that you see between a practice in a High Court and a practice in the Supreme Court?

    The major difference what I see between practice in High Court and Supreme Court is that of the Judges. The judges of Supreme Court being more senior and experienced asks precisely very limited questions to clear the doubts and form an opinion so that justice could be done in the matter whereas in High court, while delivering justice, the judges are more inclined in the quick disposal of matter so you have to be pro active and precise while presenting your case.

     

    How did you decide to write your book “The Tumult Over Law of Homosexuality”?

    While I was pursuing my LL.M. from Delhi University the case of Suresh Kumar Kaushal v. Naz Foundation was decided wherein the Hon’ble Supreme Court upheld the constitutional validity of Section 377 IPC, leaving it on the legislature to amend Section 377 in its own discretion and wisdom. Then there were numerous debates and pointless discussions everywhere since the question is related to legal restrictions on privacy and liberties of people. But in all those debates and discussion, people overlooked a crucial aspect that simply amending Section 377 IPC will not serve the purpose unless the same is done as a complete societal change; to which our present society is not completely ready and the infrastructure is not enough, so I have opined that the debate on Sec 377 IPC should be deferred for some time now and status quo should be maintained until we are prepared for such a drastic change. My book deals with varied issues and concerns connected to Homosexuality and LGBT Rights. Through different chapters I have tried to cover up issues related to historical, social, physiological, legal and constitutional problems which crops up when we talk about LGBT rights. I have dealt with different issues which people usually forego but such questions shouldn’t be abjured when we talk about LGBT Rights. Through last chapter I have tried to differentiate between society’s demand of decriminalizing consensual acts covered under Section 377 IPC and its actual needs in case Section 377 IPC is amended. I have thoroughly dealt with various landmark cases viz. Naz Foundation (Delhi High Court, 2009), Suresh Kumar Kaushal (Supreme Court, 2014), NALSA (Supreme Court, 2014) and Obergefell v. Hodges (U.S. Supreme Court, 2015) on the subject matter.

     

    Are there any suggestions you would like to give our readers?

    For students and aspiring advocates I will suggest, reading of case laws from recent law journal whenever you get time. Advocacy is a unique profession and noble at the same time. It takes time and for first generation lawyers it becomes more struggling. Initial 1-2 yrs are most struggling, testing your patience and determination but if you don’t give up everything will be better by the time. But never forget that sky is the limit in litigation, you just have to be willing to fly as high as you want.

  • Akanksha Rajpurohit, Partner, The Legist, on work experience in law firm

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  • Justice Sayonara Telles Laad, on bringing justice to the people, legal education and the Indian Judicial System

    Justice Sayonara Telles Laad, on bringing justice to the people, legal education and the Indian Judicial System

    Justice Sayonara Telles Laad is the Ad-hoc District Judge and Assistant Judge, North Goa, graduated in law from G.R. Kare College of Law in the year 1987. She joined practice in the same year went on to become an Assistant Public Prosecutor in 1992. In 1996, she answered her Judiciary Examinations and has been a judge for the past 20 years. This Interview was conducted by Dietrich Almeida of GR Kare College of Law

    IN THIS INTERVIEW SHE TALKS ABOUT:

    • Importance of Extra curricular activities
    • Criminal practice
    • Changes which have impacted the legal profession

     

    HOW WOULD YOU INTRODUCE YOURSELF TO OUR READERS?

    I am an Ad-hoc District Judge-1 and Assistant Judge Sayonara Telles Laad. I graduated from G.R. Kare College of Law in 1986-87. I started practise as an advocate in 1987 before I joined as the Assistant Public Prosecutor in 1992. I joined the judiciary in 1996 as Civil Judge Junior Division and Judicial Magistrate First Class at Vasco, Sanguem, and Ponda and was later promoted as Senior Civil Judge and Judicial Magistrate First Class at Bicholim, Quepem, and Ponda. It’s been 28 years since I’ve done law.

     TELL OUR READERS A BIT ABOUT YOUR CHILDHOOD AND PRE-COLLEGE LIFE AS WELL AS EDUCATIONAL BACKGROUND. DO YOU HAVE LAWYERS OR BUREAUCRATS IN YOUR FAMILY?

    I have done my schooling at Guardian Angel Higher Secondary at Sanvordem, Curchorem. Then did my Higher Secondary Schooling in Arts and completed my B.A through Parvathibai Chowgule College. I come from a family of bankers and teachers. There are bureaucrats but no lawyers in my family.

     HOW DID YOU DECIDE TO OPT FOR THE FIELD OF LAW?

    Opting for law was not planned, nor was it my ambition to join the legal profession. It just happened, and I went with the flow. I was not focused like the kids now-a-days. I always wanted to study as I had the fever for answering examination. After I completed my graduation in B.A, I thought of doing M.A but in those days to pursue M.A one had to go to Panjim as it had to be done through University of Bombay. Goa University came to be established much later. As G.R. Kare college of Law was closer to home, I opted for LL.B.

     HOW HAVE EXTRA-CURRICULUM ACTIVITIES HELP YOU IN ACHIEVING YOUR GOALS?

    I have always been actively involved in extra- curricular activities like sports and cultural activities and see that I keep myself active. Extra -curricular activities helped me in developing my personality, helped me in adjusting to various situations, developed patience and confidence to be a better human being and it keeps you active and your mind alert.

     DESCRIBE YOUR EXPERIENCE WHEN YOU APPEARED IN THE COURT FOR THE FIRST TIME?

    Well, I guess it was like any other newcomer to any profession- mixture of surprises, apprehension, awe of the judges, the legal luminaries, the imposing atmosphere of the court, nervousness, awkwardness and a feeling of satisfaction to be associated with such a noble profession.

     TELL US ABOUT YOUR EXPERIENCE AS THE ASSISTANT PUBLIC PROSECUTOR.

    I had the opportunity to deal with a number of criminal cases during my tenure as Assistant Public Prosecutor which was for about 4 years before I joined judiciary. Handling criminal cases exposed me to human tendencies, human psychology, the mind-set of victims, offenders. I felt that the victims needed much more justice than they were actually getting as there was no victim compensation awarded to the victims then as per the recent amendment which has introduced victim compensation to the victims.

    rsz_sayonara_laad_2

     WHAT MADE YOU GRAVITATE TOWARDS JUDGESHIP?

    I was an Assistant Public Prosecutor when the opportunity came to apply for the post of Civil Judge Junior Division and Judicial Magistrate First Class in Goa Judiciary. I thought that opting for judiciary would be ideal as I would be exposed to handling Civil matters besides criminal cases and a variety of cases as compared to only handling criminal cases which were limitations of the post of an APP.

     WAS, THERE ANYONE, IN PARTICULAR, WHO INFLUENCED YOU WHILE DECIDING ON JUDGESHIP?

    There was no one that influenced me but I felt that judgeship is a better option for a lady in all ways as it is the next step after being an APP and a privilege to be appointed as a judge considering the nobility of the profession.

     BRIEFLY TELL US ABOUT YOUR INTEREST IN JOURNALISM.

    I dabbled in journalism prior to my legal career as I had always been a voracious reader and had a flair for writing and wanted exchange of views. I wanted to change the mind-set of society to a large number of unjust social norm and superstitious beliefs. It feels wonderful to reach out to a whole group of people out there through this medium. It’s a wonderful feeling when someone says I have read your write-up or article and it was nice and thought provoking.

    DO YOU FEEL THAT THE LEGAL PROFESSION HAS SIGNIFICANTLY CHANGED FROM THE TIME WHEN YOU DECIDED TO STUDY LAW?

    Yes of course there are a lot of changes in this field. There is computerization and upgrading of infrastructure, newer laws like Domestic Violence Act has come, Sensitization of women Gender Acts, introduction of Alternate Disputes Forum for settling cases, Plea bargaining, appointing of Paralegal Volunteers to work from grass root level, establishing front offices with Retailer Advocates on panel for those who want free legal Aid/Advice, introduction of the mobile van for creating legal awareness and disposing matters through LokAdalats by taking justice at your doorstep.

     THE BAR COUNCIL OF INDIA IS CONTEMPLATING ON THE FORMATION OF A NEW RULE WHICH WILL REQUIRE LAWYERS TO PRACTICE IN LOWER COURTS, BEFORE ARGUING BEFORE THE HIGH COURTS AND THE SUPREME COURT. IF THIS RULE IS MADE CONCRETE, DO YOU THINK IT WILL HELP?

    I think it’s a very good move indeed as the lawyers will have a good insight and in-depth knowledge of the actual practice and procedures of law and the working of the lower courts.

     WHAT DO YOU THINK ABOUT THE INDIAN JUDICIAL SYSTEM? HOW CAN IT IMPROVE ON DELIVERING JUSTICE?

    I would advocate the Common Civil Code as applicable in this state to the rest of India.

     TELL US WHICH SPECIFIC ROLE WOULD YOU LIKE TO SEE YOURSELF AFTER 10 YEARS?

    I would be retired by then and would like to create legal awareness and crusade for settlement of cases through Alternate Dispute Redressal Forum which is introduced under section 89 of the Code of Civil Procedure through means like Arbitration, Conciliation, Judicial Settlement through Lok Adalat and Mediation.

     FINALLY, WHAT PARTING MESSAGE WOULD YOU LIKE TO GIVE OUR READERS?

    I would like to stress that litigants and Advocates should be more open minded to refer matters to Alternate Dispute Redressal Forums and make sincere efforts to settle the cases as settlement of cases is cost effective and time saving and bring about peace and happiness.

  • Tejas Motwani, Assistant State Counsel for the State of Gujarat on securing a foreign scholarship and working in an international law firm

    Mr. Tejas RK Motwani, an alumnus of Christ College of Law, Bangalore (now School of Law, Christ University Bangalore) graduated in the year 2012. He was awarded the “Mapanna Kharge Memorial Gold Medal” by the Governor of Karnataka, His Highness Mr. H.R.Bharadwaj for securing the highest marks in Constitutional Law. He pursued an L.L.M from National University of Singapore. He is presently pursuing Master of Public Policy (M.P.P.) at University of Oxford, United Kingdom.

    Currently practising as an Assistant Government Pleader for the State of Gujarat, he is the founder and managing partner of Rannim Associates, Gujarat. In addition, he is currently a visiting faculty member at the Institute of Law, Nirma University, where he teaches “WTO and International IPR”. He has experience of being a Foreign Lawyer at Patrick Miranda Co. Pte. Ltd. Singapore. He is also the founder of a philanthropic organisation named as English with Tejas.

     

    In this interview, he talks to us about-

     

    • Practicing as a State Counsel in India.

    • His experiences while initially practicing abroad and consequently practicing in India.

    • His take of Law school and the decisions and steps necessary for becoming a successful Law student.

     

    How will you introduce yourself to our readers? How did you decide to pursue a career in law?

    I’m Tejas and currently serving as an Assistant Government Pleader for the State of Gujarat. I regularly represent the State in its various litigations at the High Court of Gujarat. I was previously working with an international law firm at Singapore.

    I choose law almost as an afterthought. I had decided to become a doctor and took up science in my 10+2. However, physics was probably not my cup of tea. As I realized this, I had some wonderful opportunities in my school to participate in debates, declamations and write for school magazine. Some conversations with close friends, family and with my teachers, made me think that law is a good option. Soon I decided to write some entrance exams and landed up in Christ, Bangalore. I was disappointed on not getting through the GNLU entrance exam (at that time there were separate exams for each law school); however, in hindsight I am glad that it did not work out. Bangalore was a wonderful experience and helped me grow both personally and professionally.

    You graduated as Gold Medalist in Constitutional law and as a topper in various other subjects. Could you please shed some light on how you accomplished that? Do you want to give any advice on the same?

    Constitutional law was something that I started loving since first year of my law school. We had some wonderful teachers who spoke on various nuances of the constitution in our political science classes. This led me to read more about constitutional law. Further, after the second year of my law school I started taking lectures at Law School Tutorial (LST) which is a famous coaching center for cracking law school entrance exams. I used to teach constitutional law at LST. I guess that helped me immensely, as I had to prepare myself before entering the class. I believe that from an examination perspective, I was well prepared. However, I didn’t expect to ace the exam. So when someone called me and said that I had topped Bangalore University (which has some 30+ law colleges affiliated to it), I was elated and surprised.
    Similarly, for other subjects like public international law, human rights law, which I topped. I believe that participation at moots, paper presentations, attending conferences prior etc. helped me. The experience from these activities made it easy for me and it was like I already knew few things before being taught in the class. This made exam preparation easy and got reflected in the results.

    As a law student, you have been very active in various activities such as mooting, debating, theatre etc. Did these activities help you? How did you strike a balance between academic and non academic pursuits?

    Well, there was no particular formula for striking balance. But, these activities certainly helped me and shaped me into a well informed person. I mooted all throughout five years of my law school and for me it was fun each time. I think the most enriching experience was participating in Jessup. We had a competitive challenger round, based on which selection was made. I was lucky to be part of team which had some amazingly hard working seniors from whom I learnt a lot. I remember my senior Shruthi Jagannath telling me that “every line has to be cited and every new idea has to be explained (in the memorial)”. I am grateful to her for insisting on this rule and since then I have imbibed this rule in all my legal writings and it has been truly helpful. Mooting also let me travel to different cities and gather some wonderful experiences.

    Similarly, I liked being a part of the theatre team. I was part of 4 – 5 major theatre productions while studying at Christ. Prominent one was being part of ‘Vision 2020’, an annual theatre production performed before audience numbering around 1000. This production involved working with professional theatre artists, and involved lot of learning as well as making new friends. Theatre also let me express myself (or rather the character) in front of crowd and this experience can only be perceived.

    While at law school you have interned with prominent law firms such as Amarchand Mangaldas, Wadia Ghandy etc. You have also interned with international law firms such as Drew & Napier LLC and Allen & Gledhill. How did you choose these internships? What were your major takeaways? What should students keep in mind while building up their internship experience?

    I experimented with most of the internships. For example, in the fourth year of law school, I interned with a corporate law firm and immediately after it interned with a non-profit law and policy institute. In hindsight, I think most of the internships in earlier years of law school were fun. These internships were without pressure of aspiring or converting them to jobs. My internships in the later years of law schools were part of the rat race, which gets onto almost everyone, in the law school. Somehow, as the final year dawns, there is this pressure of getting a placement and one tends to act in that direction, knowingly or unknowingly. However, many of the internship were useful. I think the major take-away was exposure to different working environments and working styles. Like working style in a government regulatory authority is completely different from style in a top-tier law firm which works in an entirely different manner from an international law firm.

    My advice to students would be to be open to experiment and intern with different type of places. I guess, being a student is the only opportune time to experience being in different and varied offices.

     

    You have completed your LL.M. from National University of Singapore. How was your experience? You were awarded ‘Jawaharlal Nehru Award for International Understanding – Dr. Angela Merkel Scholarship’ to study in Germany. How did you choose Singapore over Germany?

    Singapore over Germany was based out of convenience and information. Singapore is closer to home and more convenient in terms of language, food, culture and housing. Plus NUS website has lot of useful information regarding the law school, the teachers and their way of working. Back then, I was not very confident about these things in Germany. Hence, despite having a full scholarship I choose to study at Singapore. However, if I am given that option today, I think I might choose Germany. Leaving a fully paid scholarship doesn’t make much sense and I would probably take spirited decision of being in Germany and also simultaneously work hard to grasp the German language and other things.

     

    Your LL.M. research was on Gambling laws. This was also published with SCC. Why this startling choice of subject?
    As part of research competent in my LL.M. year, I decided to write on gambling laws. I did not want to write on the conventional constitutional law topics and therefore thought to do something innovative. I happened to read about gambling laws on internet and probed more about it in the Indian context. I must also say that Singapore has world’s best casinos which helped me to gain some firsthand knowledge on what and how gambling functions. I spoke about it to my guide, Professor Arun Thiruvengadam, who thought this subject has some potential. Gambling laws are very interesting and despite being a huge industry in India much less has been written on it. Later, people at SCC were kind enough to publish it; albeit after some changes.

     

    How was your experience working with an international firm? How did the practise there differ from the practise here? What advice would you give to our readers who are keen on working outside India?

    My experience working with an international law firm was wonderful. I think one of the first things that law firm teaches you is professionalism. I learnt the manner in which clients should be addressed, how their problems are to be tackled and level of importance that needs to be given to each and every client. I was lucky to have some amazing bosses and colleagues, from whom I have learnt various professional and personal etiquettes. Having said that, I believe law firms comes with its clutter of office politics. Hence, law firm experience also taught me about dealing with dim-witted colleagues.

    My advice to the readers who are keen on working in firms outside India, especially Singapore, would be, to first try and get an internship at the respective firm. This would give exposure to international environment and help in building useful contacts. Also, it is important to check the local bar requirements and conditions or country specific prerequisites for working as a foreigner are. Singapore allows foreign qualified lawyers to work with some restrictions.

     

    Currently, you work as Assistant State Pleader for the State of Gujarat. How is it litigating on behalf of the State? What challenges have you faced while handling this position?

    Litigating for the State is completely a different experience. State is the biggest litigant in our country and therefore as a state counsel the work is never ending. On a daily basis, 20 to 30 matters are allotted to each assistant pleader in the High Court. This requires reading the files and being prepared for the Court the next day. The initial days are quite tough. But once you get a nag of things, you know what is more important and learn to prioritize the files. One of the most important things that this position provides is continuous face time in the Court. You argue in Court on daily and continuous basis which helps in improving court craft and arguing skills. As state counsel, you are responsible for drafting petitions, replies, affidavits, applications etc. Hence, the learning is immense and experience is certainly worth treasuring.

    Also, the position helps you to learn skilled way of presenting things. Just one bad move from the counsel in the Court could have wide ranging effect on the state policies and state exchequer.

     

    You are currently set to pursue another Masters at the University of Oxford. What is your motivation for pursuing second Masters? What do you think are the career prospects of Public Policy in India?

    Like many law students, Oxford/Harvard has always been dream destinations for me. I have been thinking of studying at these places since very long. My primary motivation is to be part of the intellectual environment that brews at Oxford. I believe learning subjects from world authorities and discussing areas of interest with them on daily basis would be a very enriching experience. Hence, when I was offered admission from Oxford, I thought it is an experience worth gaining, even if it requires disturbing my settled and edifying job.
    Public policy is one of the growing areas in India. Lot of public policy institutes have mushroomed in India in the last few years. Some of these institutes are doing highly credible job in advising governments. I believe in the near future, corporate in India will also hire policy advisors, as done in many of the western countries.

     

     

    You have also taught as visiting lecturer at the Gujarat National Law University and at Institute of Law, Nirma University. What are your thoughts on the present legal education system in India?
    Like many others, I feel that law teaching in India is highly exam-oriented. Course for each subject is pre-set and teacher is expected to only teach on those lines and ask questions only on what is taught. This does not promote discussions on varied ideas in classroom as teacher is under pressure to complete the course. Students also get used to this system and tend to work only towards what is required from the examination perspective. I believe moving away from this and focusing more on learning rather than examinations would be helpful.

     

    You have to your credit more than 35 odd published works with journals and newspapers. How does one take up writing and what does it take to write for journals such as Queen Mary Journal of law and for newspapers like The Times of India? What learning would you share with students who are keen on writing?
    I think there is no particular way of learning how to write. The more one writes, the more one learns. For example, when I today look back at the articles which I wrote in former years of my law, I feel some of them are not great in content and quality. I believe the more I write, the more I improve. For those who are keen on writing, I would say start writing. Some of the articles would be rejected and some publishers may not even respond. However, if one persists, after few articles the quality will get better and the work will get published and appreciated.

     

    You have worked at varied places namely,International law firm, at High Court and has  also got an experience in teaching. While most people talk about choosing one path, is there any specific reason behind choosing varied areas to work?

    This idea of “one passion” or “find your calling” does not appeal to me. I find that this is what people/society wants us to do. I find many people advising that by the time you graduate from law school, you should know what your “calling” is and work towards this. I am not in much support of this and believe that one person can be multi-passionate and can have more than one calling. I like litigation and along with it, I teach part-time because I like teaching equally. Similarly, I liked my law firm job and was equally passionate about it. For some people, the idea of “one calling” may work and they work towards that. However, for many having more than one calling is way of being and I believe that should be respected and people should chase more than one passion. Emilie Wapnick has made an inspiring Ted Talk on this and I invite everyone to watch: https://www.youtube.com/watch?v=QJORi5VO1F8.

     

    Finally, any message for our readers? Would you be willing to guide some of our readers?
    Do all things that you like.
    I would be very happy to guide in any possible manner. My Email id is motwanitk@gmail.com.

     

     

     

  • Mihir Deshmukh, Managing Associate, Advaita Legal, on a career in taxation law

    Mihir Deshmukh, Managing Associate, Advaita Legal, on a career in taxation law

    Mihir Deshmukh graduated from Government Law College, Mumbai in 2005. He has over 11 years of experience in arguing matters relating to indirect taxes before various for a throughout the country. He is admitted as an Advocate with the Maharashtra and Goa Bar Council since 2005 and has an extensive experience in litigation in the areas of Central Excise, Service Tax, Cenvat Credit, Value Added Tax and Central Sales Tax including appearances before various High Courts and Indirect tax Tribunals. His clientele has been diverse and included Maharanta companies such as BPCL, ONGC, SAIL and MNCs such as Dish TV, Tata Group, Reliance India Ltd., Dow Chemicals, Bruker International and HCC Ltd. He also has an indirect tax advisory background and was associated with PWC and ELP during his earlier stints and was also a part of the indirect tax litigation team of EY (PDS Legal) since its inception in 2010. His areas of functional expertise include Customs, Service Tax, Central and State Sales Tax Laws, Excise, VAT, Works Contract Tax, Octroi.

    In this interview he talks to us about:

    • Importance of taxation as a subject for law students.
    • How can one gain expertise in Indirect Tax.
    • His strategy to deal with errors and mistakes.
    • Qualities that helped him to achieve the current status.

     

    How would you introduce yourself to our readers? Please tell us about your family and childhood.

    I am third generation lawyer, my father is an industrial law consultant ,my mother was a teacher and then a home maker who gave up her career to ensure that she could devote her entire time to us. My wife is a Professor in an engineering college pursuing her Ph.D. simultaneously. The values embedded in me, which I hold close to my heart and which I believe have made me the person I am today are because of the sacrifices made by family. I did my schooling in a small town Roha, and then had to move to Mumbai for my further studies (Junior college and Law school).

     

    What brought you into studying law? Was it fate or planned?

    In a lighter vein, I would call it planned fate. Like other kids who want to be a policeman or pilot or a 100 other vocations when they are growing up, I was always clear that I wanted to be a lawyer. Maybe it was because of seeing my father in the profession and my love for reading that pushed me towards it.

     

    How helpful was your law degree in terms of the added legal perspective to your existing knowledge? What career advantages did it bring?

    Getting a law degree brings about a different thought process to you. It helps one become more analytical. Coupled with your knowledge I believe a law degree gives one that cutting edge over others.

     

    How important is taxation as a subject for law students? What advice would you give our readers to consider taxation as an area of practice?

    Today, the tax subject is optional in many universities. However, to a very great extent I feel that Tax as a law subject should find place in the syllabus of every law student. Tax as a subject cannot be taught in isolation. While studying tax, one also dives into the intricacies of constitutional law, administrative law, Law of jurisprudence and interpretation of statutes, forming a gamut of legal studies. Further, with GST now coming in, there is a great demand for indirect tax layers. I would urge all your readers to consider tax as a serious option.

     

    What’s a typical day at work like? How can one gain expertise in Indirect Tax? What does it take to be a good Indirect Tax Lawyer?

    Typical day at work starts with flipping through pages of the law journal- electronic or print and then to rush off your feet to the court which ends with a relaxed cup of tea. The evening is spent preparing for the next days’ court. Call me old fashioned, but I believe in starting early and finishing early. I hate late working hours unless absolutely necessary. I make it a point that my team finishes at a decent time by 7.00 pm. It keeps them in balancing their work life balance and I get a team with great productivity and output.

     

    What are the preferred legal issues you like to work on? Do you have any hobbies that help you unwind after a long day at work?

    As a budding lawyer you really cannot be choosy about work. Though, now I am primarily and indirect tax litigator, I worked on all laws during my internship days. I believe that internships lay the foundation for your future and therefore have my reservations against the 1-2 month internships that are a norm with the law students today. It is too short a time frame to learn anything.  You should commit for a considerable period of time to learn and understand things. I was lucky enough to intern with Mr. Mohan Jayakar (Khaitan and Jayakar), the person who I credit for making me the professional I am today.

    I have always been an avid reader which as a kid inculcated me with the ease of reading the lengthiest briefs. After work, if time permits, I engage myself in gleeful reading of non-fictions. Watching masala movies always helps.

     

    What has been your strategy to deal with errors and mistakes? How would you advise a young associate to deal with them?

    As an officer of court, I endeavors to assist the court in the most honest and immaculate manner. I try to be sure that the court is not misled and true facts and position of law is brought before them. However, one is bound to err. The best way to correct is to reinstate the correctness at the earliest. I advice my associate to confront flaws and start improvising it without any procrastination. The trick is not to get disheartened by failure. As long as one feels they have given their 100%, then failure should not affect you.

     

    What steps do you take to prepare for a difficult case?

    Be it a difficult or a simple case, one should be thorough in the preparation. The reason being you can never predict what a judge might question you on. The premise is to know the facts of the case inside out and then the legal provisions pertaining to your case and relevant case laws in your favour. One thing, I would like to add here is that one should also be aware of the case laws against you if any so that you can differentiate them when quoted by the other side.

     

    What qualities do you think helped you achieve this status?

    I would say that to achieve success in the legal profession, on needs not only work hard but one should also work smart. You need to be ready to work hard (not to be mistaken for long hours). Hard work makes up for every other drawback one might have. That is the only virtue I would ask everyone who wants to be a successful litigator to imbibe. This industry belongs to one who is industrious.

     

    What would be your parting message for our readers?

    Be a litigator because it’s your passion and not just a career option. Once it is your passion, the ingredients of making it a success need not be taught to you but you will come up with your own unique recipe and success story.

     

     

  • Ms. Purvi Kapadia, Partner, Rajani Associates, on completing the Solicitors Exam and Private Equity practice

    Ms. Purvi Kapadia, graduated in law from Government Law College, with a gold medal, in the year 2002 and thereafter passed the Solicitors examination conducted by the Bombay Incorporated Law Society in October 2004. She has an experience of over 13 years in the legal Industry and is at present a partner with Rajani Associates. Interview by Kaushik Dessai of G. R. Kare College of Law.

    IN THIS INTERVIEW SHE TALKS ABOUT:

    • Successfully completing the Solicitors exam

    • Corporate practice

    • What it means to be a good private equity lawyer

    • Current reforms in Law

    HOW WOULD YOU INTRODUCE YOURSELF, GIVEN THAT MOST OUR READERS ARE YOUNG LAW STUDENTS and YOUNG LAWYERS?

    Hi. I am Purvi Kapadia, partner at Rajani Associates, a full service law firm. I handle the private equity practice of the Firm.

    WHAT INFLUENCED YOU TO JOIN LAW?

    Well… a lawyer is what I was meant to be. I am a third generation lawyer of my family and it came as a surprise to no one when I decided to study law.

    WHAT PROMPTED YOU TO PREFER CORPORATE PRACTICE OVER LITIGATION?

    Litigation practice can be very thrilling but also very slow moving. It is no secret that litigation can often be prolonged. As an articled clerk I got a chance to do a fair bit of both, litigation and corporate matters, and the fast pace of a corporate practice is what I came to like.

    WHAT ARE THE CHALLENGES YOU FACED WHEN YOU FIRST STARTED HANDLING PRIVATE EQUITY TRANSACTIONS?

    I am not sure if what I write here describes a challenge exactly, but it is something that I realised very early on in my practice as an important part of this practice and i.e. Negotiation. Both drafting the transaction documents as well as negotiating the same thrill me. But the later thrills me even more as no two negotiations are the same. I believe negotiation is an art that you master more and more with each transaction and you may not exactly start of by being good at it. I know I did not. I was just lucky to work with brilliant seniors then, from whom I could learn and better myself.

    IF A STUDENT OF LAW WISHES TO ULTIMATELY PRACTICE IN THE PRIVATE EQUITY SPACE WHAT WOULD BE YOUR ADVICE?

    While most private equity transactions revolve around the same concepts, rights and obligations, it is very important to understand that the pulse of every transaction and client is different. What may have seemed like the perfect deal for one transaction could work very differently for another transaction. Also, the business and structure of the company in which investment is proposed, as well as the management set up, holds most relevance, and the same must be understood minutely. Lastly, while a due diligence is most often considered as a routine act that simply needs to be swept out of the way, what one must remember is that the findings of a diligence exercise are in fact the very foundation of any transaction. A lot of the drafting of the transaction documents in fact depends on the findings of a diligence. Anyone wishing to practice in the private equity space must first start with doing diligence exercises and understanding the impacts of its findings.

     YOU HAVE CRACKED THE SOLICITORS’ EXAMINATION CONDUCTED BY THE BOMBAY INCORPORATED LAW SOCIETY. THE SAID EXAMINATION IS WIDELY KNOWN AS A TOUGH EXAMINATION. COULD YOU TELL US ABOUT THE STRUCTURE OF THE EXAMINATION?

    Yes, the solicitors examination is a very challenging exam. It is a great feeling to pass it. The examination is set to test ones practical knowledge rather than just theoretical knowledge. Also the questions are interwoven to cover various subjects, so it is never enough to just know the subject of which you are writing the paper. One needs to know all the other subjects as well. It most definitely is an exam that helps you gain multi dimensional knowledge and apply the same.

    WHAT WAS YOUR SUCCESS MANTRA FOR ACHIEVING SUCCESS IN THE SOLICITORS’ EXAMINATION?

    There are no shortcuts for passing the solicitor examination. If you fall in love with each of the subjects you are studying and study the same methodically, you are sure to get through. The key is not to study each subject in isolation but to understand how these laws are interwoven and interdependent. When you read a case study, you should be able to think of all the facets of law that would apply to that particular case study and not just the subject law for which you studying/ writing the paper. This is exactly how you then move on to deal with your clients in real life practice.

    AS A PARTNER AT RAJANI ASSOCIATES, WHAT IS AN AVERAGE DAY AT WORK LIKE? OUR READERS WOULD LOVE TO HEAR ABOUT THE DAY-TO-DAY RESPONSIBILITIES WHICH NEED TO BE HANDLED BY SOMEONE IN YOUR POSITION.

    From simply executing work a few years back, at this position I now mentor my team. An average day at work means a lot of interaction with my team. It is usually conversations revolving around the transactions on hand or changes in law.

    YOU HEAD THE PRIVATE EQUITY INVESTMENTS AND JOINT VENTURE TRANSACTIONS AT THE FIRM. HOW DID YOU BUILD UP YOUR EXPERIENCE IN THE PRIVATE EQUITY TRANSACTIONS?

    I have had both – skilled seniors and skilled teams on the opposite end. Both private equity and M & A transactions entail not only good drafting and reviewing skills but also thorough negotiation skills. From the first transaction I negotiated for – to the last, I have seen myself grow in confidence. Needless to add the seniors I have worked with have taught me a great deal. At the same time, if you keep an open mind you will be amazed how much you can also learn from the seniors sitting across the table.

     WHAT ARE THE OPPORTUNITIES THAT THE PRIVATE EQUITY PRACTICE HAS TO OFFER? WHAT ARE THE ESSENTIAL REQUIREMENTS TO BE A GOOD PRIVATE EQUITY LAWYERS?

    A private equity practice exposes you to various laws, not just Indian but global as well. Also, although every transaction may have the same end intent of taking or making investment, I am yet to work on a transaction that would fit the same parameters as my previous transactions. Each transaction has had its own challenges, its own negotiation meltdowns and high points. In short, no transaction has ever been the same for me and that has been amazing.

    As for the requirements of a good Private Equity lawyer, I strongly feel that a good Private Equity lawyer must learn how to understand the pulse of the transaction at hand. A Private Equity lawyer must be careful not to treat each transaction and client the same as the previous one or straight jacket the transactions. Also lawyers often forget that negotiations are not a personal battle field. What the client needs or is willing to give up or is willing to hold on to no matter what, is paramount, and that it is for the lawyer representing the client to understand and act accordingly. Above all, it is important for the lawyers to guide their clients. Often clients are unaware of, or lose sight of, the immediate or futuristic challenges they may face on the completion or non completion of a transaction and the lawyer must help the client understand the same.

     YOU HAVE BEEN WITH RAJANI ASSOCIATES SINCE 10 YEARS. PLEASE TELL US ABOUT YOUR EXPERIENCE AT THE FIRM?

    Rajani Associates is a great learning ground. No transaction or assignment in this Firm is executed as a matter of fact. Instead, every transaction and every client is handled with utmost care and as a team effort. Every transaction is headed by a partner and the partner constantly imparts both knowledge and experience to the rest of the team. In these past 10 years, I have learnt so much from my senior, the managing partner – Mr. Prem Rajani (and I continue to learn), just as I have passed on knowledge and experience to my team (and will continue to do so).

     THE PARLIAMENT OF INDIA ENACTED THE INSOLVENCY AND BANKRUPTCY CODE 2016. WHAT IS THE EFFICACY OF THIS CODE AND WHY IS IT AN IMPORTANT PIECE OF LEGISLATION?

    Change is always good and especially change in law is always a positive step towards working with the need of the hour. Bankruptcy Code likewise, is a welcome consolidation, an overhaul, of the existing bankruptcy legislations. Providing a much needed relief to the existing debt market of India, an early and faster remedy to the lenders, the Bankruptcy Code is most certainly a very important piece of legislation for India. The efficacy of the Code will however, like any other legislation (new or old), depend on the execution and implementation of the Code. A number of agencies and professionals will need to work together and effectively, to make the Code a success, and it is certainly hoped that this is achieved.

    THERE HAS BEEN A SEVERE CRITICISM OVER PUBLIC SECTOR BANKS WRITING OFF BAD LOANS. WHAT IS YOUR VIEW IN THAT REGARD?

    I partake somewhere in this criticism. Writing off such huge amounts of bad loans does ultimately somewhere come at the cost of burdening honest taxpayers and affect the shareholders of these Public Sector Undertaking banks. While the entire write off may be treated as an accounting act, and although in reality the Banks do continue to pursue their debt claims against the defaulting debtors, the write off does take the compulsion off the Banks to pursue the bad debts.

    WHAT IS YOUR ADVICE FOR FRESH GRADUATES WHO WISH TO ENTER LAW FIRMS AS ASSOCIATES?

    Well, challenges in a law firm and a legal career are the same as in any other profession. Hard work and willingness to learn are paramount. Also, in this profession practical knowledge is very treasured. Reading of law, to its understanding, to its implementation, every step is crucial and this journey can be mastered only with experience.

    WHAT WOULD BE YOUR PARTING MESSAGE FOR OUR READERS?

    Studying and practising law is exciting. Hope to see you on this side soon.

     

  • Alok Shah, Senior Manager – Legal (International Business) at IndiaCast Media (TV18 & Viacom18), on a career in international media distribution

    Alok Shah, Senior Manager – Legal (International Business) at IndiaCast Media (TV18 & Viacom18), on a career in international media distribution

    Alok Shah qualified in law from Pravin Gandhi College of Law in 2010 and worked at Kanga & Co. first as an Article Associate and later at Hariani & Co. as an Associate before pursuing a post-graduation diploma in Media and Entertainment law from NALSAR, Hyderabad in 2014.

    Immediately after that he got recruited at IndiaCast Media Distribution Pvt. Ltd (TV18 & Viacom18 Venture) as an Asst. Manager Legal of their International Business. Alok grew in this role and he is at present Senior Manager – Legal (International Business) at IndiaCast Media Distribution Pvt. Ltd. (TV18 and Viacom18 Venture).

    With his work experience in the international media distribution industry Alok shares talks to us about negotiation of contract with international lawyers, their interpretations, their contractual skills, and their drafting techniques amongst others.

    • His shift from law firm to in-house and private equity/real estate to media and entertainment.
    • How the Indian media and entertainment market has evolved and the dynamics of the media.
    • Challenges young lawyers might face in the media industry and the challenges he faces in dealing with international lawyers.

     

    Tell us a bit about yourself, and what drives you?

    Born and brought up in Mumbai, I breathe the spirit of this city.  From my childhood, I was interested in the fields of Political Science, Media, Sociology and Political Affairs. My father is a businessman and my Mother is a successful entrepreneur. Hailing from a family that is passionate about what they do, I wanted to choose a field in which I could truly excel – and that’s how I ended up pursuing law.

    My ambition and thirst for knowledge have been the driving forces in all my endeavours.

     

    How was your experience of legal education? Have you thought of higher studies?

    My experience in legal education was both a mix of academics and work experience. I was in Pravin Gandhi College of Law which is affiliated with Mumbai University. I enrolled for an articleship to pursue solicitors in my fourth year of law school with a reputed law firm. I was working with the youngest partner of that firm who specialised in Real Estate and Capital Markets. For me back then, work experience was a priority over higher studies, so I kept my focus on gaining as much work experience in multiple legal areas so as to ensure complete grip on the practice. At present, after completing 6 years of work experience in this industry, I plan to enrol in a business school to enhance my expertise in this industry.

     

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    What did you do in the year right after graduation?

    After graduation, I had an opportunity to either continue with the same firm or join another reputed law firm. This was during the time India was still reviving from the collapse of the Lehman Brothers shock, and I decided to move out of capital markets, considering the change in the market scenario. At that stage, I decided to join another cross functional law firm which had remarkable presence in multiple practice areas. I was excited to learn about new fields and wanted to take my time to decide what drives me to my best.

     

    What was your reason to change from a law firm to in-house?

    Well, now that was one of the most path breaking decisions of my career. I realised that it is difficult to understand the dynamics of the industry, being an external counsel who would be approached only in the event of a legal dispute. I had to be an ‘industry insider’ to understand the grassroots of the business. To summarise – I felt the need to move from ‘execution’ to ‘Strategy and Decision Making’ and that’s where my decision to shift as in-house counsel stemmed from.

     

    What about your shift from private equity / real estate to Media and entertainment?

    My goal to work as an in house counsel was not only to assist in legal matters but also to understand the nuances of the ever changing and complex business intricacies. Considering that I was primarily involved in private equity and real estate matters, it was not possible for me to enter a hedge-fund or a real estate conglomerate only with a law degree. My law firm had a full-fledged Media and Entertainment team as well. Call it a wonderful stroke of luck or destiny, I was involved in one such transaction and since then there has been no looking back. I gauged that Media is one of the fastest growing industries and is far more challenging in the dual avenues of law and business.

     

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    What is so different in Media compared to other areas of law?

    The media is one of the most revolutionary industries of this century. What is new right now may become old in the next 6 months. With new inventions, changes in technology and fast-paced innovations, it becomes very challenging not only for industry experts, but also for lawyers to keep pace with this ever growing sector. In this field, in addition to keeping a track of new legislations, a lawyer also needs to understand new technology (which is quite unlike any other field of law) – its dynamics, relevance and functionality. Moreover, Media law itself has so many different areas of practice such as distribution, licensing, acquisition, film production, artist management, merchandising etc. which makes this industry far more dynamic and specialized.

     

    What are the challenges that a young lawyer may face after joining this industry?

    I believe that legal education in India does not completely cover all aspects of media and entertainment laws considering that it is one of the most evolving and dynamic areas. Though Intellectual Property Rights (IPR) is one topic in our curriculum which tries to cover basic understanding of this field, I still believe that it is a limited resource to enable young graduates in understanding this industry. To overcome this challenge, I did my post – graduation diploma in Media and Entertainment laws from NALSAR University, Hyderabad. I would advise every young lawyer who is keen and passionate to enter this industry to enrol in some course enhancing knowledge in the field of Media and Entertainment law. Also, they can subscribe to magazines, web portals, newsletters concerning this industry to get a first-hand insight.

     

    How did the Indian market in Media and Entertainment evolve?

    Traditionally, in the pre-2000 era the Indian Media industry was not institutionalised and unregulated, under which films were funded by private money lenders, often by underworld gangsters, primarily interested in the collections from distribution rights or the box-office collections. But after it was accorded the “industry status” in 2000 by the Government of India, the following years saw the Indian films receiving funding support from the banks, Indian corporate and foreign studios thereby giving rise to more sophisticated digital production and postproduction techniques.

    As far as distribution is concerned, the Government’s move towards digitalization and addressability for cable television by 2016 is expected to provide an impetus to Direct to Home and digital cable growth. The Media and Entertainment industry is at a convergence point with digital being the buzzword and perhaps that is the reason television screens are being replaced with smart phones. From receiving news bulletins on Doordarshan to twitter updates – the Indian Media industry has come a long way.

     

    How is the Indian media and entertainment market different from international market?

    As far as media distribution is concerned, India is a highly regulated market as compared to other countries. In India, a broadcaster cannot have an exclusive deal with any platform since the same is prohibited under the Telecom Regulatory Authority of India (TRAI) regulations. However, the international market operates quite differently. In many western countries, the platforms insists on exclusive deals and that’s where the role of a lawyer becomes crucial, giving room for extreme and sometimes crass negotiations. In such deals, the discussions are quite pro-longed since the contract is not subject to any regulations of any territory (barring few clauses), but are based on pure commercial negotiations in which both – the distributor / broadcaster on one side and the platform on the other side try to grab the best deal for themselves.

    There are few contracts which may take more than a year just to reach a logical end during negotiations.  To summarise, in the international market the broadcaster’s main task is monetary exploitation of content, whereas in India, the broadcaster looks for maximum penetration of its content among masses.

     

    In how many countries is Indian Content available?

    In foreign countries, Indian content in Hindi language would not just attract the Indian community but the entire South Asian fraternity. Also, content from Indian regional languages have found substantial prominence in countries which have the presence of Indian regional audience. As far as Indian movies and television shows are concerned, they are available in more than 120 countries. It is pertinent to note that our content is dubbed and subtitled and broadcast on different foreign channels. People will be surprised to know that even in remote eastern European countries such as Georgia and Kazakhstan, our content which is dubbed in local languages is quite popular.

     

    Approximately how many foreign lawyers have you interacted with?  Can you share your experiences with a few of them?

    I have been involved in negotiations with approximately 20-25 foreign lawyers from different nationalities (such as US, UK, Canada, Bangladesh, Sri Lanka, Australia, New Zealand, Singapore, Russia, Pakistan, Egypt, UAE, South Africa, Brazil, Caribbean Islands etc.). There are times when there are strenuous negotiations involved especially when the first draft of the contract is shared by or with the other side whereas there are some transactions which are quite smooth since there is an existent commercial understanding in place. My personal experience has been both – enduring and challenging in dealing with lawyers from different nationalities. I have felt that the drafting skills of lawyers of western countries are worth appreciating, whereas as far as negotiations are concerned, lawyers based in Middle-East territories can give sleepless nights since they are hard to convince.

     

    What are the challenges you face in negotiating with foreign lawyers?

    Considering that the Media and Entertainment industry is evolving at different pace in each country; one of the most challenging aspects is to understand the technology prevalent in that country. When we are negotiating with platforms based in developed countries like US and UK, it is a daunting task as these countries are at least 5-10 years ahead of us when it comes to technology and technical know-how. As a lawyer, we need to imagine and understand how technology functions before we start with our negotiation process. Also, working in different time-zones can be quite taxing but the thrill makes it all worthy.

    Moreover, when you cannot have face to face communication or video conference, it is difficult to understand the body-language of the opposite lawyer and that makes the process more time consuming. Their language, interpretation, pronunciation and accent are another set of barriers which a lawyer may face during the negotiation process.

     

    What are the legal issues you generally face in negotiating a media contract especially while negotiating with international lawyers?

    There are certain legal issues pertaining to payment of royalties, indemnity, jurisdiction and governing law which are contentious to negotiate in an international distribution and acquisition contract. Limitation of liability is another thorny issue between the parties considering that in the event of any dispute the company should not be exposed to unlimited liability, that too in a foreign court of law. Negotiating a clause on payment of royalties in an international distribution contract is a tough job for an Indian lawyer due to ambiguity in the current copyright regime in India. These clauses are sometimes real deal breakers.

     

    How important are lawyers in this industry?

    Over time, the role of a legal department in a company has transformed from merely being a support function in an organisation to a full-fledged in-house counsel, which means that we are advisors to the senior management.  Especially in this industry, which is quite niche, I see the role of lawyers expanding specifically in international business. The CEO’s and business managers are now more than willing to rely on people with legal background for complex issues. In USA, there are many managers and business leaders in media and entertainment sector who have their origin in legal industry. In India too, the trend is changing – lawyers have been given role as business managers since they have the dual advantage of understanding and assessing the risk as well as ensuring maximum profit for the company.

     

    What would be your advice to young lawyers who would want to join this industry?

    There has never been a time more suitable than today to join this industry. It is exciting, fast paced and dynamic just like the present generation. Technology is set to change the world and its rapid consequences on the law cannot be ignored. There is no age limit for academic centric goals since we are in a field where one has to keep abreast with day to day developments in their respective area of practice. My advice to them is that they should not be satisfied with only becoming a better attorney but go a step ahead and get a perspective of the business world. The key to the next few decades of business operations, Indian or international rests in the hands of the lawyers of today, they only have to realise their pivotal role.