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  • Ahmad Shazeb Azhar, Partner, Goswami & Associates, on work experience in litigation at Goswami & Associates

    Ahmad Shazeb Azhar, Partner, Goswami & Associates, on work experience in litigation at Goswami & Associates

    Ahmad Shazeb Azhar graduated from Aligarh Muslim University (2003-2008). He is a lawyer with almost 6+ years of standing at the Bar. He started his career in Delhi in 2010, practising regularly at Supreme Court of India, where he was the panel counsel representing the State of U.P. from 2014 onwards.

    His Core Specialties include litigation, dispute resolution, drafting, rendering advice, contracts and agreements, corporate compliance, arbitration, due diligence and legal research and securities markets.

    In this interview he talks to us about:

    • His experience at internships.
    • Advise for law students who prepare for a career while in college.
    • Value addition of a Masters degree.
    • Difference in practice and litigation at Delhi and Lucknow.

     

    How would you like to introduce yourself to the legal fraternity?

    I am a lawyer with almost 6+ years of standing at the Bar, at present practicing at the High Court of Judicature at Allahabad, Lucknow Bench. I started my career in Delhi in 2010, practising regularly at Supreme Court of India, where I was the panel counsel representing the State of U.P. from 2014 onwards. I also initially practised on the Original Side of the Delhi High Court, as a junior to Mr. M.R. Shamshad, Adv., dealing with some high profile commercial litigations. At present I am a Partner with a registered law firm called Goswami & Associates, which is an emerging firm, based out of Lucknow, primarily we deal with traditional litigation and dispute resolution, but are delving now into IP and other commercial areas. We have a couple of Government Banks, Insurance Companies, PSU’s and Private Companies as our clients right now.

     

    How did you decide to choose law as a career? Is there anyone in your family who motivated you to opt law?

    Well I am a first generation lawyer, who had no inkling what the job I was about to get into entailed. Both of my siblings are doctors in US & UK. The reason I chose law as a career was the mystique surrounding it. I had always been fascinated by the working of lawyers, as to what it was that they read on a piece of paper differently than an ordinary man. What gave them that perspective? That is what enticed me into the profession. There weren’t any family members who were already there in the profession, therefore the mystique and the curiosity was compelling enough for me to get in and explore this world of words, letters, sentences and arguments.

     

    How was your life at Aligarh Muslim University & Dr. RML National Law University? Did you find that your law school education prepared you for your current life?

    Life in Aligarh was completely different than expected. It’s a vast University with around 30,000 students and we used to reside in mixed hostels, wherein students from different streams and courses lived together, so that gave me a very diverse perspective of things. The more you interact with people from different fields and areas, the more your mind opens to diversity of views. The case with Dr. RML National Law University at Lucknow, was different where you get to meet the freshest and the best of the legal minds in the country, here I completed my LL.M thesis on Cartelisation under Competition Law. I was good at writing in college, be it essays, critiques or any such sort. The one thing that I regularly followed in college was to keep reading, whatever I could get my hands on, be it fiction, biographies, Russian socialist literature, History, Mythology and even John Grisham. The best part about reading is that it gives you references, analogies and ideas to construct an argument. Analogies, whether historical or mythological provide simplicity of comprehension to the listener.

    The legal education in India does not remotely prepare you with the realities of the legal profession. Considering the high premium that is placed upon the procedural aspect of law, the court craft and the client dealing aspect, the only thing that can get you prepared is to actually get in there and practice it. A mere understanding of the substantive law is not sufficient to succeed in the profession.

     

    Could you tell us a bit about your internship experiences?

    The first internship I did was under Dr. Sandeep Pandey, Magsaysay Award Winner and Social Activist. I actually got to stay in a village without electricity in U.P. for a month, preparing a report on the discrepancies in the land allotted under Consolidation regime by the government, which was submitted to the District Magistrate, so that was an experience. Thereafter I interned under Mr. M.R. Shamshad, Adv. whose chamber I later on joined in 2010. I also interned at Desai & Diwanji, Delhi office and under Mr. Niladri Bhattacharjee, Adv. who was gracious enough to actually credit us, the interns, by name on the Due-Diligence Report for a major company we helped prepare.

     

    How would you advice a law student if one has to start on to preparing for a career while in college?

    By the final year of Law College every student has a slight assumption of his or her own temperament and one’s inclination for the career we would like to choose. If you are prepared for a long meditation, then practice is a good option. But you would have to be mentally and physically prepared to handle the stress that comes with it. A total lack of finances and as a result dwindling motivation everyday is what makes practice really tough. A lot of my colleagues who started practice left it mid way because of these very reasons. Firms are a good option to join, if you have that inclination. Besides now there are so many other options that one can decide and work on right from college, be it getting into judiciary, a private company, a governmental job or even going abroad for higher studies and into academics.

     

    What is the value addition of a Masters in your career?

    The Masters Degree and the study for it, gives you the opportunity to delve deep into the existential basis of laws. For example for me in BALLB, the most irrelevant part of a statute was the preamble attached to it. Its importance I realised while in Masters. The basis for a statute, why is it there? What prompted its promulgation? And therefore if there is a discrepancy, how could it be filled in are all the jurisprudential questions that I got the answers to while pursuing my LL.M. With that depth of understanding, you yourself feel motivated enough to delve into and apply that knowledge to any filed you wish to pursue post your Masters.

     

    You have practiced at Delhi & Lucknow. Tell us the difference you feel in terms of practice and litigation between the two places?

    Delhi and Lucknow are completely different places when it comes to litigation. Lucknow being a traditional city, the outlook and perception are still evolving. I still get asked the very same question almost everywhere in Lucknow, as to whose chamber I belong to. Traditionally in Lucknow it isn’t common to see a lawyer below 40 years of age practicing independently or having started independently. Delhi has evolved in that aspect. Also in Delhi the wonderful experience of getting to meet or brief such famous senior counsels, is an experience in itself. Significant amongst them is Mr. Arvind Nigam, Senior Counsel, who had the most impact on my career as well as life. Also of significance is the experience I gained when I shifted to Supreme Court and got a chance to brief such excellent Counsels as Mr. Jethmalani, Mr. Sibal, Mr. Soli Sorabjee, Mr. P.P. Rao, Mr. Harish Salve, Mr. Salman Khursheed, Mr. Mukul Rohatgi, Dr. Dhawan etc. Lucknow bar though puts a very high premium on your knowledge of Law and has some very thorough and learned counsels amongst its members, who are as good as any lawyer in Delhi.

     

    What would be your parting advice to our readers?

    Be enterprising. Do what you want to do. But the keyword is “Do”. Merely thinking and planning won’t get you far. Mistakes would be made, but the experience gained would be much more beneficial. You will learn much more than what the books can make you aware of.

  • Nelson Joseph, Senior Associate, Radhakrishnan & Co., on building a firm practice and experience in corporate law

    Nelson Joseph, Senior Associate, Radhakrishnan & Co., on building a firm practice and experience in corporate law

    Nelson Joseph graduated from Government Law College, Ernakulam (2003-2007). He is a Civil-Corporate Lawyer who practices at High Court of Kerala and various other Courts, Tribunals and Commissions in Kerala and in other southern states. A first generation lawyer from an agricultural family, he began his career in 2007 at Radhakrishnan & Co., a leading civil-corporate law firm in Kochi which has operations in entire south India. He presently holds the position of Senior Associate Lawyer in the firm. His areas of interest pertain to Civil Litigation, Real Estate Laws, Banking Laws (legal opinions, legal due diligence and litigation), Customs Law, Commercial and Corporate matters etc.

    In this interview he talks to us about:

    • Challenges faced by him to complete his LL.B.
    • Difficulties faced by him to find a good law firm.
    • Skills to be developed by a law student to succeed in the field of litigation.
    • How he keeps himself updated with the legal knowledge.

     

    Tell us a bit about your childhood and pre-college life as well as educational background.

    I hail from a rural agricultural family in Ldukki District of Kerala. My life took a turn when I got admission to Jawahar Navodaya Vidyalaya in 6th grade. Ever since, I have been away from my native place. Meanwhile I completed my B.Com, LL.B and LL.M. from Mahatma Gandhi University, Kerala.

     

    As you were not from a wealthy background, what were the challenges you faced to complete your LL.B?

    It was never a childhood dream of mine to become a lawyer. In addition to that, I did not come from a financially sound family. Consequently, LL.B was the only professional course which I could enroll to, without troubling my parents. For completing my LL.B course, I supported myself by indulging in part time jobs, which gave me sufficient life experiences to thrive on the later period of my career. For instance, those employers for whom I worked with have become my clients now thereby making me realize that through every pain, we gain something and those struggles were great opportunities for me.

     

     

    So when did you realize that law is your career?

    While doing LL.B., I was not so particularly inclined to become a litigating lawyer. Although I tried my hand in attempting various competitive exams including civil service exam and searching for jobs, experiencing slips between the cup and the lip, words of my mother that “the almighty has a great plan for you” (which she quoted from The Holy Bible), kept me motivated. As a result, I believe that whenever I lose an opportunity, it has always been for something better. Despite seeing my class mates drop out for various reasons such as getting married or obtaining jobs, the motivation to sustain along with the course was always given by professors such as Mr. Paul Gomez who used to tell us that, “LL.B is a magic key, you don’t know when and where you are going to find the treasure box, so keep the key with you oiled and sharpened”. After joining Radhakrishnan & Co. as a junior Associate I realized my passion and flair lies in law.

     

    What difficulties did you face finding a good law firm and starting your practice?

    Being a first generation lawyer, I had to find out a good office to start my practice, which was not an easy task. In addition to that, it was very hard to survive with the meager salary offered to junior advocates by most offices. Finally, I could manage to find a firm where I would get some money for my survival and without much thought, I joined there immediately. Eventually I realized that it was one of the leading firms in South India which dealt with all domains of legal works and I was mesmerized with the kind of exposure I could get there.

     

    Without any God Fathers, how difficult it was for a first generation lawyer like you to survive?

    I was fortunate enough to have two wonderful seniors in the office. Adv. P. Radhakrishnan is gem of a person and a well-respected legal luminary in the state. His doors are always open for us juniors to approach with all kinds of doubt. He has been a study material for us to learn all professional qualities required for a man of law. Adv. Madhu Radhakrishnan, an alumnus of the NLSIU Bangalore, is person with lot of wisdom and empathy. He motivates me to stick on to this noble profession. His brotherly concern is not only limited to my career, but also spans across personal matters as well.

    It doesn’t matter whether you are a first generation lawyer or you belong to a lineage of lawyers. The difference is only at the beginning stage to find out a good office and the rest depends on the effort and hard work one put into it. As it is said, smooth sea never made a skilled sailor. There is nothing like adversities. Everything is an opportunity and its attitude that matters.

     

    How and when should a young lawyer decide to begin his own practice?

    I cannot answer this question fairly as I have not started my independent practice. The kind of exposure we get while working in a firm will be different while practicing independently. There are no rules for how and when to start own practice. There are lawyers who start their career by own practice and there are the others who are attached to firms throughout their career.  It’s a personal choice which depends on so many other factors as well.

     

    What types of skills should a law student strive to develop while in law school to succeed in the field of litigation?

    What we study in law school and what we practice in court are entirely different. For a litigating career, important skills one should possess are drafting skills, a good command over language and the meticulous way of observation of minute things. These can be developed during the college days. Furthermore, a lawyer should be a good content writer too. Other skills such as court craft and art of advocacy will be attained while practicing. Advocacy is an art of persuasion which can be learned by constant observation of eminent seniors. It’s not about skills; rather it’s all about the qualities lawyers possess. As lawyers’ creed says, “know your manners, tell the truth and know the law”.

     

    Please share with us your areas of practice.

    The firm which I work for is a client based firm rather than a subject based firm. So, all of that depends on the legal requirement of our client. For our clients, our office is like a single window system. Therefore the degree of exposure one gets here is really high. Because of this multi-disciplined and general practice, our services span across Munsiff’s courts, High Court, Tribunals and Commissions.

     

    How do you make new clients and retain them?

    Usually a lawyer gets clients through reference. Moreover, effective networking and good results are the key elements to get cases in. Since most of our clients are large corporate entities, it’s easy to get new clients, as the legal and other officers keep switching companies frequently. If the officers who are dealing with the law firm are satisfied, they will come back to us when they join other companies too.

    Everybody at some point of time in their life will find the need of a lawyer. So be polite but firm to people and make them feel that we are approachable and trustworthy. Clients will come naturally.

    For retention of corporate clients, more than producing results, we have to be proficient in soft skills, should possess good professionalism and proper updating of case status. Companies change their lawyers not because of poor results, but because of poor soft skills. Indeed, the law firms should adapt to the technological shifts. For instance, client companies expect an email update in the evening of the case date and also appropriate electronic documentation.

     

    You practice both in High Court and Trial Courts. Which is more difficult?

    High Court practice and lower court practice are different entities. In the High Court, our argument should be very precise and to the point. Whereas in Trial court, we need to do in depth study and preparation as it is where we make the foundation of the case. We should be extremely careful while drafting a plaint. On the contrary, High Court practice is comparatively easier as the procedures are simple and will get immediate results. In High court we need to show more court craft and advocacy as we get limited time to convince the judge. But the satisfaction of extracting the desired answers from the witness during cross examination could only be obtained from a trial court.

     

    Now a law graduate can become a judge directly from law school without any practice. What is your viewpoint on it?

    In present age, majority of students from elite law schools either appear for judicial services exam or opt for campus placement in companies immediately after the course. I would like to suggest that it is better to choose either one of the above mentioned options, after having some practical experience as a lawyer.

    It is very important for a judge to have some experience of getting a brief, conducting a case, technicalities associated with it for a better deliverance of judgment. Therefore in the interest of all, the minimum of 3 year practice as lawyer should be made mandatory for becoming a judicial officer.

     

    How do you keep yourself updated with the legal knowledge?

    I think one should clearly set out the working hours in such a way that it contributes in updating knowledge. As a rough formula, I would suggest, one may dedicate 75 % of the work time for actual works for the clients, 15% for continuing legal education reading journals, writing articles, attending seminars and workshops etc. and the remaining 10% for networking and finding new clients online and offline. As an example, I usually attend seminars and workshops conducted by National Law schools and other institutions to get myself updated in the profession.

     

    Does the college where we study really matters in the litigation career and if yes, how?

    The students from elite Law schools are better equipped and, of course, will have an advantage at the start of their career. They can easily get into big firms. But in long run, the school we studied and the marks we scored have no relevance.  What matters is how hard and intelligently we work.

     

    What are the areas do you think needs improvement for yourself?

    I need to find more time for general reading than the journal readings. Together with that, I also want to reduce or rather detach my personal emotional element from a case. As I am a very sensitive person, sometimes I become too emotional and identify myself with the client, which affects the professionalism.

     

    People say, a lawyer has to sacrifice his personal and family life to become successful in career. How do you think about it considering the hard work involved in building a career?

    It is true that one has to put the blood and sweat into it to become successful in the career. There is no substitute for hard work.  If I modify the quote of Longfellow in the context of our profession, then it could be stated as “Great lawyers won cases and attained fame by studying cases late night, while their opponents slept.” It does not imply that personal life will be affected in turn but it’s all about time management.

     

    What would be your advice to our readers?

    I don’t think I have reached anywhere to advice the readers who are much better than me in their insights and knowledge. But I shall share few of my thoughts I like reminding myself often for my improvement.

    1. Never feel ashamed to ask questions and doubts – We are not doing anything original. We are just following what our seniors and earlier generation did with some modifications. So when we get a case on new subject, feel free to ask our doubts to lawyers who handle similar cases and obtain copies of draft from them for our easiness.
    1. “If somebody offers you an amazing opportunity but you are not sure you can do it, say yes – then learn how to do it later”. – Richard Branson. In legal practice, there is nothing, which is hard to crack. Take whatever matters come to you. With a little research and advice, we can easily do it and become an expert in it soon. But make sure not to mess up and loose the confidence of the client.
    1. Be visible, regular and trustworthy. People are not looking for the best lawyer in the country, but a lawyer who is accessible and whom they can trust.

     

  • Abhishek Bhalla, Principal Associate, IndusLaw, on building a career in Corporate Law

    Abhishek Bhalla, Principal Associate, IndusLaw, on building a career in Corporate Law

    Abhishek Bhalla graduated from Guru Gobind Singh Indraprastha University (2002-2007). He joined IndusLaw in January 2016 and is a principal associate with the corporate-commercial practice. His focus areas of practice are mergers and acquisitions, joint ventures, foreign investment and general corporate and commercial matters.

    In his legal experience of almost a decade, Abhishek has structured, negotiated and drafted a wide range of transactions for foreign investors across sectors such as oil & gas, renewable energy, automotive, IT, telecommunication, aviation and hospitality.

    Abhishek advises foreign investors and multinational corporations on a wide array of legal issues relating to acquisitions, joint venture agreements, regulations governing external commercial borrowings, foreign direct investment policy, company and employment laws, etc.

    In this interview he talks to us about:

    • Advantages of starting out at a smaller law firm.
    • Disadvantages of not doing law from a National Law School.
    • What law firms look for in potential candidates?
    • What must a law student do to get hired in a top-tier law firm?

     

    How would you like to introduce yourself to our readers?

    Hi, I’m Abhishek Bhalla, a first generation lawyer, working as a Principal Associate at IndusLaw as part of the Corporate M&A team.

    I focus on mergers and acquisitions, joint ventures, foreign investment as well as general corporate and commercial matters. In my legal experience – spanning about a decade, I have structured, negotiated and drafted a wide range of transactions for foreign investors across sectors such as oil & gas, renewable energy, automotive, IT, telecommunication, aviation and hospitality. My experience also straddles deals across stages of evolutions ranging from capital infusion in start-ups to strategic acquisitions of significant value (as high as a billion dollars).

     

    Tell us about your life before you joined college. Where did your interest lie as a student and what made you gravitate towards law?

    I grew up in a family of business professionals with almost no ties with the legal fraternity. So at some level getting into law was a complete accident. However I was pretty sure that I wanted to get into a professional services career that provides options to branch out on my own later. Hence law was a natural fit. All in all though, it turned out to be a really good decision.

     

    Your focus areas of practice are mergers and acquisitions, joint ventures, foreign investment and general corporate and commercial matters. How did your interest develop in this field?

    After getting some exposure during internships, I decided on pursuing corporate law. Within corporate law, I worked on various kinds of matters but M&A, joint ventures and FDI interested me the most given the stakes, intensity and pace. I liked the real impact it created on the clients’ business and the level of engagement it evokes. Hence over the years I focused more and more on M&A, joint ventures and FDI, and the more I specialised the better the work got.

     

    You started out at RNC Legal and then shifted to Phoenix Legal when it had just started. What are the advantages of starting out at a smaller law firm?

    The biggest advantage of working in a smaller law firm is that you get to work directly with the partners from the very start. That is the fastest way of leaning to be responsible for and take ownership of your work. As a young associate, watching your work product go out to the client without much red line is a great satisfaction.

    I have been quite lucky to have worked with partners who have had the patience to guide me in the early years, and let me learn from my mistakes.

     

    You completed your LL.B. from University School, GGS Indraprastha University, Delhi. What are the disadvantages of not doing law from a National Law School?

    Graduating from a national law school has obvious advantages, especially for placements straight out of law-school and the long term networks that you build. At that time, the name of the law school is the often only thing on the CV which matters. However, after a few years into the profession, work experience – your reputation and personal networks – matter much more than college education. There is no substitute for on-the-job training.

     

    What is the importance of getting perspective from the client’s side?

    Last year, I was on secondment to BG India, the subsidiary of a British oil and gas company which has since been acquired by Shell, for about 4 months, assisting them with sale of certain off-shore assets.

    That secondment gave me a very different perspective. The bulk of the work for an in-house attorney starts where the work of external counsel ends. Application of the advice within the organisation is the real challenge. For an in-house attorney, the managers of the company are the clients. It is always useful to look at things from the other side to see how clients view and evaluate our work. I would highly recommend a secondment to anyone who gets the chance.

     

    If you were a law student today, would you do anything differently? If so, what would it be and why?

    I guess I would give more focus to internships. As I mentioned earlier, there is no substitute for work experience and on the job training.

     

    What do law firms look for in potential candidates?

     A fresher is not expected to know the law. What firms look more than anything else is the willingness to work, and of course basic analytical understanding/ability.

     

    What must a law student do to get hired in a top-tier law firm? What advice would you give to law students wishing to work in the same sector as you?

    I think the best possible way of getting into a firm is internships, especially in the last couple years of law school. Several internships at the same firm can get a foot into the door, and even if you do not get a PPO right away (as the firm may not require fresher’s at that point of time), you are more likely to get an interview call based on relationships you made during your internships, and convert that interview if you have the knowledge that emanates from the experience of having worked at a firm.

     

  • Aayush Chandra, Senior Associate, AMP Solicitors, on work experience in litigation at AMP Solicitors

    Aayush Chandra, Senior Associate, AMP Solicitors, on work experience in litigation at AMP Solicitors

    Aayush Chandra graduated from Symbiosis Law School (2006-2011). At present he is a Senior Associate at AMP Solicitors. His main work includes drafting, briefing, court appearances and research in Civil and Corporate Laws.

    In this interview he talks to us about:

    • His experience at Symbiosis Law School.
    • Role of mooting in a law student’s life.
    • Skills those are critical for a lawyer’s success.
    • How he overcame the initial jitters in a court room full of experienced lawyers and judges.

     

    Please share with us how you chose to study law. Do you have lawyers in your family?

    Coming from a family of Engineers and Doctors, I had to choose a Profession. Being an Engineer or a Doctor was not an option as I hated Mathematics and I could not stand an operation theatre. I remember my father, being an Engineer himself having advised me not to study Engineering as it had become quite common those days. So, I was without a choice frankly and I didn’t mind that (laughs). Then eventually the dots connected, everything fell into place and I became a lawyer by default. Being five years into the profession and still a long-long way to go both in terms of learning and experience, I can safely say that this field chose me rather than me having made a conscious decision.

    My Sister in law and my Cousin Sister are corporate lawyers and are doing very well. I am a first generation lawyer.

    Also, some of the lawyers who have had a major impact in my life are also like my extended family. A special mention for Ms. Pinky Anand, Mr. Sanjeev Sahay, Mr. Balendu Shekhar, Mr. Ashish Kumar, Mr. L.K. Singh, Mr. Rakesh Kumar Matwa and Mr. Jatin Sehgal- I owe all of them a lot.

     

    How was your experience at Symbiosis Law School?

    I think those five years taught me to be disciplined, to be self sufficient, to be responsible and to survive. It basically changed me from a lazy person to a street smart person. Symbiosis was good in the manner that I suddenly went from a zoo animal to a jungle animal and I could survive. The faculty was amazing; the friends were amazing and the over-all environment was great. Made some of my best friends in college, the most admired one being Jayant Dahiya.

     

    What role do you think mooting should play in a law student’s life?

    A very important one!! Since I wanted to step into Court practice, mooting was an important way to be able to learn to talk precise and talk sense before a Judge. Mooting is a very important curriculum that every law student should participate in as it teaches you to research, to be brief and concise in your arguments apart from learning how to address a Court. Actual Court practice is all about having good research skills, good legal interpretation to the facts at hand and then effectively putting this combined skill in a very articulate and humble manner before the Court.

     

    Is there any habit or skills you picked up over the years that you believe is critical to a lawyer’s success?

    Reading your laws, updating yourself on the latest position of law, not restricting yourself to any particular field and the hunger to learn are all part of the homework.

    As far as the class work or effectively putting it before a Court is concerned, I believe a lawyer should be presentable and concise to the Court hearing. One should be calm, no personal remarks against the opposite counsel, certainly no dramatics in Court and the most important skill would be to listen, listen carefully to what the judge puts to you and then answer it precisely rather than beating around the bush. That is where your Court craft comes to the fore.

    A lot of young lawyers get excited and make statements without instructions or without being sure about the factual or legal position, which as per my opinion should be avoided as then the bench doesn’t take you seriously.

    A lawyer being an officer of the Court has the duty and the responsibility to be fair to the Court and not conceal an important fact or document even if it goes against your client. It is also important to be able to draw a line between how a client sees the brief or a particular situation and how you as a lawyer, an expert in the field see it. The idea is to be a lawyer whose word can be trusted, respected and affirmed rather than being a mouthpiece of the client.

     

    What perception of the law and the legal system did you have before going in for an LL.B. and how did the same change through and after your graduation?

    Coming from Allahabad which has a beautiful High Court and having been family friends with some renowned lawyers, to my perception the legal world was and has been full of power, aura and respect. The ability to see a situation from both the sides and the necessary duty to carry the burden of justice on your shoulders are very difficult virtues to stand to.

    I have in my small time here tried to do just that and I sincerely hope that I keep doing that till the time I practice. I have been in effective Court practice since 2011 and luckily for me my life has thrown me into all kinds of storms. So I have appeared from the Tehsildar Court right upto the Supreme Court in different matters.

    My legal aid assignment has taught me the most. It cleared my basics in criminal law; it taught me how to deal with a client independently and how to handle a matter independently. It taught me how to apply my brains to a legal situation and how to win the day. It taught me why the seniors have a good reason to shout on their juniors if the matter is not prepared minutely and effectively.

    Since my practice has been mostly of District Courts of Delhi and the Delhi High Court, I would like to appreciate the quality of Judges we have in these Courts. They are always well versed with the files and the legal position. They are patient listeners totally calm and composed and the most motivating factor is that they promote young talent. It is a very enriching experience to appear in these Courts and every single day, a lawyer learns from it.

     

    What is your workday like? Are there new challenges every day or did work fall into a predictable pattern?

    Once you’re into Court practice, everyday is a new day and an exciting one and more so for me as I am on the Panel of the Legal Aid Scheme (Criminal). I wish my practice and my day never becomes predictable, I would hate it. On a working day, I am working from 9:30 am to 7:30 pm which includes Court appearances, conferences on a daily routine. This timeline is certainly extendable till 9 if a client has some urgency. The vacation days and extended weekends are a much needed part of our profession.

     

    If someone does not go to a top law school, would you say he still has a shot at a great career in law?

    Off course, in the end what wins the day is how much of hard work are you willing to put in to a brief. This career demands a lot of attention, a lot of perseverance and infinite amount of patience. Then slowly you start meeting your clients. This is not where it ends. What distinguishes a great lawyer from a good lawyer is how he conducts himself with his peers, with his juniors, with his clients and in the Court. The most important thing is not to lose your ethics and the trust, standard and proficiency that are expected out of a lawyer and then to be consistent day in and day out.

     

    How did you overcome the initial jitters in a court room full of experienced lawyers and judges?

    Mooting played an important role. But trust me nothing prepares you for your first appearance than the appearance itself. The second appearance becomes the most important then. Luckily for me, I had the full support of my senior in my first appearance, so I felt assured and it went well. The Ld. Judge at the first impression knew a young entrant is appearing and looks nervous and therefore he was very patient. As a fond memory I still have my 500 Rupee note framed with me which I received as my first appearance.

     

    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?

    I think the initial two years should be mandatorily in a District Court. It teaches you much more than what you will learn in 5 years in a Senior Advocate’s office. I think you should try to be a cook first before you can call yourself a Chef. You should keep your head down and learn the procedures in the District Court before you can call yourself a decent lawyer who will be able to handle a briefing and effectively brief a senior. This should be the primary aim, to equip your-self with the procedure and to learn to handle or brief a matter both as a whole or hearing wise. High Court practice is also necessary before moving towards the Supreme Court in the later years as it gives you a lot of perspective. It takes your practice to a more refined and polished level.

     

    Do you have any parting advice for all our readers out there?

    Yes, don’t be disheartened if this profession especially litigation doesn’t pay you at the start. No profession does. You have to gradually keep learning and build yourself up to a level and eventually it will all fall into place. Your struggling days and how you react to them will shape you as an individual both professionally and personally. Respect the struggle because it is teaching you.

    Once you hit the headlines for all the right reasons and have a BMW in front of your door, all this struggle and hard work will be worth it.

    But the BMW glamour and the jet setting lifestyle should only be an occupational privilege, don’t make it the only standard for this profession. For our profession is a very noble one. You all have the power and the education to actually assist in imparting justice and that should be the foremost aim. Rest all follows. And trust me this profession demands very big shoes to be filled in, out of which the foremost and the most important ones are ethics, temperament and knowledge.

    To end it, I personally feel that every lawyer should try to help lawyers younger to them and shape them as good leaders and human beings so that the rich and noble legacy of this profession continues.

     

     

     

  • Nem Singh, Secretary of UGESI, on a career in taxation law

    Nem Singh, Secretary of UGESI, on a career in taxation law

    Nem Singh graduated from Dharam Samaj College of Agra University in 1996. At present, he is the secretary of Unison Gyan Education Society of Integrity (UGESI). He is a first generation lawyer and has developed a great interest in the area of taxation.

     In this interview he talks to us about:

    • Importance of taxation as a subject for law students.
    • How can one gain expertise in Direct Tax.
    • His strategy to deal with errors and mistakes.
    • Primary essentials of a Direct Tax lawyer.

     

    Most of our readers are young lawyers and law students. How will you introduce yourself to them?

    I belong to a middle class family from Aligarh. We have an agriculturist background. I completed my masters’ degree in Political Science in the year 1993 and thereafter successfully pursued three year degree in law in 1996 from Dharam Samaj College of Agra University, Agra. I got enrolled with the “BAR COUNCIL OF UTTAR PRADESH” in 1997 as a “Trainee” (as per Bar Council of India Rules) in Taxation. I started my professional carrier from Aligarh with Mr. Rahul Pandit and Mr. Sanjay Pandit, Advocates of CB Prasad and Associates, Advocates, a well known name in legal profession in the state of Uttar Pradesh. My family had a permanent panel of Lawyers to look after its Civil, Criminal and Land Revenue matters in district Courts as well as High Court due to many litigations of the family. I, in the course of time had developed during my college studies, some basic knowledge in the field of civil, criminal and revenue laws and its court proceedings.

    Since I developed great interest in the area of Taxation as a student of law, I wanted to practice in this area. I shifted to Delhi in July 2003 and joined a firm of Chartered Accountants under the title Mr. Dushyant Tyagi and Associates. Mr. Dushyant Tyagi was Ex-Chairman of NIRC of ICAI and independently handled the matters of high profile corporate clients. I also got associated with Mr. Ajay Wadhawa, Chartered Accountant, then president of ITAT Bar Association, and got opportunity to appear before Income Tax Tribunals which was a great learning. For last four years I have worked with O. P. Bagla & Co., a Chartered Accountants firm, as an Attorney, legal researcher and assisted them in appeals before Income Tax Appellate Tribunal etc.

    Dear friends, I was the first generation lawyer with no back ground /support in legal profession. My experience is that, it is very difficult to succeed despite hard work. However, your confidence, knowledge and zeal to work hard will lead you to achieve success if you have patience and determination. You must strive to get justice to your clients for which you must leave no stone unturned.

     

    What brought you into studying law? Was it a fate or plan?

    It was my quest for having knowledge in the field of law so that I could help people in my native place and my family to enforce their rights in the legal forums and facilitate their access to justice. So I can say that I had a sort of a plan to pursue law as a professor.

     

    How important is taxation as a subject for law students?

    Today, taxation has become an integral part of life due to free trade in global economy and as a major source to augment revenue of the state. It facilitates government to create infrastructure for the society and finance welfare schemes particularly for the needy and poorer sections of the society. This subject must be taught as a compulsory course in the law schools as it is still being taught as an optional subject. Tax laws are very complicated and highly technical and need to be taught by practitioners of tax law. Its interpretation and different judicial precedent create a very difficult situation and unprecedented expansion of law. In coming times each and every global transaction will affect the economic decisions of the state, corporate business houses, Institutions and individual too. It will require rational and simplified legal framework. Its knowledge will explore the exciting and broad field of practice of tax law, nationally as well as internationally.

     

    Which field of law will you advise law students to pursue?

    I want to suggest to you to pursue career in civil law fields because it has broader scope and has relevance in the Commerce, Trade and International transactions. By being a civil lawyer, you can practice in a civil court, consumer court, land revenue court, arbitration court and constitutional court and also to join corporations as legal advisor. Tax laws are very highly technical and a specialized field.

     

    How can one gain expertise in Direct Tax? What does it take to be a good direct tax lawyer?

    You should understand the basic fundamental of computing taxable income by applying provisions of tax law, circulars, and notification. You should have update knowledge of judicial interpretation, their applicability and must be well versed with the facts of the case you deal with. In taxation, your claim should be based on documentary evidence and generally not on oral evidence. If your case is weak on facts and evidence then law can’t help you. The system of direct taxation as it is known today has been in force in one form and another even from ancient times. Manu, the ancient sage and law giver stated that the king could levy taxes.  According to “Shastras”, taxes had to be related with the income and expenditure of the subject. The emphasis has been always on principle of accounting of income and expenditure.

    Besides being a good lawyer, you should have the quality of being a person of integrity & honesty. You must be a hard worker, devoted to duty and honest in your practice before the tax administration. Never ignore the fact that you are not a business man, your job is to advise the businessmen to pay taxes as per the law applicable and avail all the permissible deductions and guide them proper tax planning. To succeed as a lawyer, we should try to study the cases property, prepare them to the best of your almighty and argue the cases with confidence. While arguing before a court, your approach should be to carry the court with you and show great respect to it.  Whenever possible watch the proceedings in the court to read the mind of the court, learn court craft and etiquettes which are necessary to be a successful lawyer. We should study the action and reaction of the parties and courts to acquire the skills of pursuing the case professionally. You should never be afraid of failure because failure teaches you more in life than success does.

    I want to quote here the words of senior stalwart Mr. Fali S Nariman that he learnt a lesson in his life that for a lawyer “it is better to spend more time thinking about a case than merely reading the brief”. He also said that “skill of a practicing lawyer is not flamboyance or verbosity but hard work”. Avoid histrionics and stick to the record, you will find the judge receptive to your pleas”. In the words of senior stalwart Mr. Harish Salve if one wants to be a good lawyer, “You must have the ability and the desire to work long hours with great concentration and enthusiasm. You must keep thinking about the matter and always keep your mind open for fresh ideas. And you must never give up”.

     

    What has been your strategy to deal with errors and mistakes?

    There is a quote that a person who never made a mistake never tried anything new i.e. he who never made a mistake, never made a discovery, said Samuel Smiles. If you have recognized any mistake or error in a case you deal with, take it on priority basis and follow the procedure to rectify or correct it. It will prove that you are honest, dedicated, accountable and credible. Dedication and sincerity are the most important attributes that a good professional should have. It is also beneficial for both i.e. you and your clients too especially when you are practicing in the area of taxation law.

     

    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?

    There will be no problem for me to tackle or deal with any legal issue that arises before me if I am able to understand the concerned law and the issue involved. In my short of span at the bar, I had to deal with different type of issues through my hard work and conducted research with the help of global digital media. In taxation law, there is vast scope of legal issues because it is directly connected with corporate law, general laws, business, property transfer, contract, registration and criminal laws etc. So to lead a successful professional life, it is necessary to study the case in depth and find from all legal angles relevant latest judicial pronouncements on the issues at hand.

    It is my hobby to surf on social and political media, read blogs, make comment or suggestions read judicial decisions of the courts and literature on cultural and religion, examine critical social issues despite long day hard work. This refreshes me and gives me further motivation to excel. I also like to work as a social activist as well.

     

    What would you suggest a fresh law graduate should do to hold spirit and utilize the opportunities available in his first year of graduation?

    He must develop the habit of becoming a prolific reader to build his capacities and to begin with, get attached to a good lawyer to know the procedure and practice required to be a successful lawyer in the years to come.

     

    What are the primary essentials of a direct tax lawyer? What is the current scenario of studying direct tax law as a career option in India?

    You should be registered with the BAR COUNCIL OF A STATE and have the knowledge of Tax Law and accountancy. Studying direct tax law offers you great opportunity of work with big legal corporate houses because there is wide scope of practice before assessing authorities in proceedings of assessment, penalty, prosecution and appeal before CIT(A), ITAT, High Court and the Supreme Court in corporate tax, international tax, transfer pricing etc.

     

    What would be your parting message for readers?

    This profession is to protect the right of the people and to give them correct legal opinion/advise. You must give your professional service to the best of your ability and get you professional charges commensurate with your hard work. I want to remind here the Shlok of Bhagavad Geeta Chapter-II, Verse-47:

    “Karmanye Vaadhikaraste, Maa Phaleshu Kadachana;

    Maa karmaphalaheturbhooh, MaTe sangostwakarmani.”

    Further God is the creator of everyone and we should do our best to serve the people. It gives a strong base to connect with larger section of people of the world and this should be our aim. I am also reminded of a great saint Tulasi’s Ramcharit Manas Chopai:

    “Karm pradhan vishva kari rakha, Jo jas karye so tas phal chakha,

    Hoi hai soi jo Ram rachi rakha, ko kari tarak badhave shakha.”

    One must always have positive attitude towards things and be optimistic. We should not stop thinking of how a new approach or a new angle can make the difference. We should read the book of English Jurist Mr. Edward Abbott Parry’s “Seven Lamps of Advocacy” which are: (1) The lamp of Honesty, (2) The lamp of Courage, (3) The lamp of Industry, (4) The lamp of Wit, (5) The lamp of Eloquence, (6) The Lamp of Judgment and (7) The lamp of Fellowship.

     

     

  • Pradeep Jain, Managing Partner, Singhania & Co., Mumbai, on all about managing a full service firm

    Pradeep Jain qualified in law from Devi Ahilya Vishwavidyalaya in 2000. Thereafter, he joined Singhania & Co. in 2002 and was soon rewarded with partnership in 2004 for his excellent work in the Corporate Practice & Maritime Laws. He has played pivotal role in a number of big joint ventures and corporate takeovers. He is also regularly engaged by the Institute of Company Secretaries of India, New Delhi, to deliver lectures on various subjects related to law.

    Pradeep frequently advises clients on matters relating to the development and control regulations, policy and regulatory matters, compliances relating to Securities Exchange Board of India, Reserve Bank of India, Insurance Regulatory & Development Authority and Foreign Investment Promotion Board. He regularly advises vessel owners, charterers and P&I clubs on various maritime laws. Pradeep also represents his clients in international arbitrations under the Singapore International Arbitration Centre, Singapore Chamber of Maritime Arbitration and London Maritime Arbitrators Association. He is vastly renowned for his acumen in liasoning with the Foreign Investors Promotion Board (FIPB)/ Secretariat for Industrial Assistance (SIA) in the matters related to Transfer of Shares from Resident to Non-resident, foreign technical collaboration, liasoning with the Securities Exchange Board of India (SEBI) filing various form or Report in the matters related to Takeover, Mutual Fund, Assets Management Companies, Trusteeship, Custodian, Foreign Institutional Investors etc.

    In this interview Pradeep talks to us about:

    • His experiences working with Singhania & Co.
    • The importance of a mentor in a junior lawyer’s life, and important traits any law aspirant should cultivate
    • Networking and the legal profession, and
    • His valuable advice to all the young lawyers/students/aspirants out there.

     

    How would you like to introduce yourself to our readers?

    A lawyer by profession, I am the Managing Partner of the Mumbai office of Singhania & Co. I come from a family of businessmen; however, my fondness for academics led me to gathering multiple degrees in the fields of science, mathematics and law and finally pursue a career as a lawyer. I joined Singhania & Co. in the year 2002, and actively worked under the tutelage of Mr. D.C Singhania, the Founder of Singhania & Co. and a veteran lawyer widely recognised for his dexterity in the areas of litigation and arbitration. Thereafter, in a short span of 2 years I was promoted to Partnership and there has been no looking back ever since.

     

    Going back to your graduation days are there any anecdotes you would like to share?

    It was a very interesting journey. You would be surprised to know that I never wanted to be a lawyer, but my Mom was convinced I would be a litigating lawyer, as I would always grab opportunities to show case my oratory skills, and of course pick up arguments.

    I loved studying mathematics and science and wanted to pursue a course related to these subjects. So my first effort was to appear for medical examinations and be a doctor. Unfortunately, I couldn’t sit for the exams due to personal exigencies. Thereafter, I decided to not waste a year and ended up pursuing a degree in mathematics and went on to pursue my Masters in it.

    I didn’t want to stop studying so I undertook the company secretary course during which my mentor Mr. Sunil Jain, advised me to explore law as a profession.

    I took his advice and I have loved every moment of this profession!

     

    How do you recall the first few years after qualifying in law?

    I have always felt that I have been fortunate and lucky in a lot of scenarios in life. I have been lucky to get picked first, or noticed in a group, and this is what happened with me in Singhania.

    The first few years of my career were nothing short of absolute delight.

    My partner, Mr. Sameer Rastogi, whom I was assisting in the initial days of my career at Singhania in 2002, liked my research skills and ideas of solutions to client issues and legal opinions drafted by me. He ensured that I was a part of important client mandates. He never failed to mention my name in other offices which helped me work and interact with different offices of the Firm and definitely aided my quick promotion to Partnership in 2004.

    Everyday brought in new avenues to learn and grow. Luckily, I was part of a firm that pushes lawyers to get out of their comfort zone and handle matters with independence. We were not treated as “Associates” working for a monthly compensation; we were instead treated as active, thinking and performing individual professionals who have the capability of servicing clients with minimal supervision.

     

    Please tell us about the relevance of a mentor as a young lawyer, how did you find your mentor?

    Having a mentor in the formative years of your career is definitely important. When we enter a new professional field, especially the legal industry, we have certain ideas about the profession in our head, and it is easy to face disappointment if we do not have a guide to help us understand the profession. Mentoring helps individuals understand the practical aspects of law and provides necessary guidance to assist individuals in making rational career decisions.

    At the cost of repetition, I would say I was fortunate to have Mr. D. C Singhania as my mentor. I was extremely surprised at the humility of one of the most sought after lawyers in India and his down to earth personality. Besides honing my legal acumen, he has helped me understand the importance of the nobility of our profession. He encouraged each and every lawyer including interns to express their opinions on matters and be independent in handling matters. If you trace the history of our Firm, you will know that through his mentoring he has instilled the confidence in many lawyers who are now running their own firms or are successfully handling Partnership positions.

    I never thought that I would end up as a Managing Partner of a firm, however, as mentioned before, it was through the guidance of my mentor that I learned about my capabilities and my true potential as a lawyer. I was guided to take initiative and encouraged to shoulder both legal and managerial responsibilities leading me to where I am today.

    Even today, Singhania & Co. actively encourages all young lawyers to aim at being independent and self-sufficient. Our Firm follows an active policy of mentoring freshers and interns into confident professionals who possess the capability of sourcing and servicing their own clients.

     

    What role does academics play in the legal profession? Given that maritime law requires a lot of reading, how has it been in your case?

    It goes without saying that an affinity to read and keep yourself updated is mandatory in our profession. A student who is academically bright showcases this ability and therefore has a better chance in terms of placements.

    Having said that, academics is one of the many ingredients that make a good lawyer. One needs to be interesting enough for clients to notice you and that involves having great people skills. Being persuasive, having a flair for writing, ability to network and socialise professionally are some of the other key components that will give young lawyers an edge over the others.

    A popular lawyer is usually a person who is blunt, bold and can mesmerise the court or audience with his words.

    To have such qualities you must have knowledge of history, philosophy along with knowledge of statutes. The more you read more confident you are to interact with your clients and fellow professionals.

    I always tell students, juniors that when you are younger, you will get time to read. So please learn as much as possible because as you grow, no matter how much you are earning, you will not get time to read.

     

    You are noted as one of the leading maritime lawyers in India. Very few students focus on maritime laws during their formative years. Could you tell us more about maritime practice in India?

    Hahaha (blushing).

    Shipping laws require extensive reading and research. Moreover practice of maritime law is not restricted to one country and in most of maritime arbitrations we deal with, English laws are applicable and one must be aware of the laws, rulings and authorities to be fully prepared for arbitrations.

     

    Founded in 1969, Singhania & Co., has been one of the very few law firms to have maintained a steady practice for all these years. Tell us more about the firm and its heritage.

    Singhania & Co. as mentioned earlier was founded by Mr. D.C Singhania in 1969. Mr. D.C Singhania is a highly respected lawyer with over four decades of experience.

    He was very well aware of the industry and its potential. He also recognized the importance of treating the profession as a service and keep the clients interest at paramount. He always emphasized on delivering good service to the Client.

    Mr. D.C Singhania, was innovative in his approach and avoided a lot of stereotype functioning of firms back then. While the popular trend was to be recognized for practicing in a particular court, he went on to successfully argue in various forums and didn’t restrict himself just to the High Court or Supreme Court.

    This is also why world best lawyers associations like “Lex Mundi” and “Terralex” felt announced Singhania & Co as first Indian member law firm.

    Over the years our Firm has been in involved in various noted arbitrations such as Western Company of North America v ONGC, and Alsthom v Railway Board of India amongst others. Our Firm has represented over 1000 international client organizations with their matters in India or abroad including fortune 500 comp

    Currently, Singhania & Co. operates out of 10 offices including an office in London. In India we have offices in New Delhi, Mumbai, Hyderabad, Indore, Bangalore, Kolkata, Chennai, Ahmadabad

    The breadth of our practice includes Admiralty, Anti-Dumping, Aviation, Arbitration & Dispute Resolution, Banking, Securities and Financial Services, Corporate &; Commercial, Infrastructure, Intellectual Property, Joint Venture & Technology, Litigation, Mergers & Acquisitions, Technology Transfer, Project Financing, Capital Market, Private Equity and Fund, Securitization & Structured Finance and Taxation laws.

     

    Please tell us about your journey at Singhania & Co.?

    My journey in Singhania is as dramatic as my entry.

    Interestingly, I had to go the ICSI regional office and I ended up at the office of Singhania & Co. Once the seniors spoke to me and heard about my profile, they decided to take an interview and I was hired!

    Since then, it has been a wonderful journey. I have learned a lot about the profession and I guess I am still learning!

     

    We are very curious to find out how do you find time for yourself despite heading busy offices in Mumbai and Indore? What would be your tips to the young lawyers on time management?

    Haha. My friends never find me reading and my clients never see me executing works except on meetings. In fact I don’t take up my role as a Managing Partner as work.

    I like doing it and I treat it as fun and I end up having fun. I love the energy and rush involved in solving legal issues and that is why I never feel tired. I believe that if you enjoy your work and don’t take work as a task and then you will see that you are full of positive thoughts and energy.

    It is very simple. If we can sincerely work (with minimal or no distractions like calls/facebook/whatsapp etc.) for at least 8 hours a day, we can accomplish a lot more than we imagine. Being busy is dependent on how sincerely you manage your 24 hours. As a junior, my job was to be well equipped with my research and ensure that all deadlines are met. I therefore dedicated my time in office towards working and/or reading up in case I was free. That way, I would always have time for myself when I was back home. My role as a managing partner requires me to delegate and ensure that the work gets done. I also shoulder the responsibility to keep my clients and my team happy. I dedicate my time in office towards the same and still find time to pursue my interests.

     

    We have seen that many law students are faced with tough choice between attending classed and pursuing internships. What, according to you, should be the correct balance between academics and practical exposure?

    I would suggest students to take time out from their courses to intern as much as possible, as it provides a lot of practical experience and knowledge about the legal industry which cannot be learnt through books but at the same time they should not make life too serious and try to find ways to maximize once output in lesser time.

     

    Due to developments in technology and advancement of social media, networking and connecting across globe has become much easier. How have these developments affected the legal profession and the way in which lawyers have been working so far?

    Absolutely! Much has changed in terms of technology and for the better!

    It is much easier to network now than it was 15 years ago. It is easier to interact with a lawyer/firm you intend to work with even before you have met the Firm. It is much simpler to verify details about a particular firm/person now than it was a few years ago. That is how much technology has evolved.

    Networking sites allow lawyers to not just network but also freely exchange and share knowledge and insights on various laws and its impact.

    If used wisely, it is a very strong tool for a lawyer and can help us make our noble profession nobler but it has some draw back as well which should be fixed. I see young generations spend a lot of time distracting themselves on social media which eventually decreases their productivity and also sometimes explains unnecessary longer working hours!

     

    Finally, any word of advice for all the young and aspiring lawyers?

    Be bold, blunt and honest. Pursue power through your hard work, knowledge and never forget your responsibilities towards society.

    Self-evaluation helps you become a better professional and to excel when pitted against both contemporaries and seniors!

    Life is not a race but definitely a marathon so invest in yourself and in knowledge and not money in your early years.

  • Arush Khanna, Independent Practitioner, on litigation and being the Youngest Indian Scholar at IBPA

    Arush Khanna, Independent Practitioner, on litigation and being the Youngest Indian Scholar at IBPA

    Arush Khanna graduated from Symbiosis International University in 2012. He is an Advocate & Legal Consultant enrolled with the Bar Council of Delhi and is a fifth generation lawyer in a family of highly respected lawyers.

    After having worked in M/s Karanjawala & Co. and in the chambers Mr. Sanjeev Anand, Advocate at the Delhi High Court, Arush started his independent practice in New Delhi.

    His principal areas of practice are Commercial & Corporate Litigation, Arbitration and Property Litigation. Arush has been providing dispute resolution and consultancy services to number of private and public sector undertakings in India.

    Arush was also selected as a Scholar to represent India at the Inter Pacific Bar Association (IPBA) Conference in Kuala Lampur in April 2016. He was a speaker at the event and was bestowed with a three year honorary membership of the IPBA. He is the Youngest Indian to be given such an honour.

    In this interview he talks to us about:

    • Why he chose independent practice over secured employment.
    • His experience as a youngest Indian to be selected as a Scholar at the Inter-Pacific Bar Association (IPBA).
    • His journey from Shanghai, 2015 to New Delhi, 2016 (Being a part of The BRICS Legal Forum).
    • Importance of writing for a law student.

     

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

    I come from a very typical food and cricket loving Punjabi family. My forefathers (both maternal and paternal) migrated to Delhi from Lahore post independence. My paternal grandfather was a wholesale cloth merchant who worked out of a shop in Chandini Chowk along with his brothers. After having been in the line for over 45 years, he recently took retirement and now spends most of his time with my most doting grandmother.

    From the maternal side, well, you can shake our family tree and a lawyer may fall from it. The four generations preceding mine have mostly been lawyers. My great grandfather was a senior advocate who appeared for a host of freedom fighters during his distinguished tenure at the Bar. My grandfather has been actively practicing law for over 54 years and I would need a separate interview to speak of his accomplishments.

    As regards my parents, my father is an importer of furniture and home decoration products. My mother is a lawyer by profession and was practicing corporate law for over 15 years before switching over to the field of image consultancy and soft skills training.

    I have little twin sisters who are not so little anymore. They are currently working with a talent aggregating Startup Company.

     

    What prompted you to think of law as a career?

    I was a very enthusiastic cricketer during my days in Modern School and like every third boy in India, had dreams of making it big in cricket. However, reality struck me after my 12th board exams and I suddenly did not know what to do in my life. I was never inclined to join my father’s business or sit in Chandini Chowk selling cloth yarns for the rest of my life. It was then that the thought of doing law came to my mind. So, in all honesty, law came in my life more as a last refuge than a first love.

     

    Describe your experience at Symbiosis, Pune as an undergraduate law student.

    As is the case with most students moving out of their hometowns to pursue under graduation, the initial days were difficult, as I had to adjust to life in a new city. Little did I know that they would end up being the most memorable five years of my life. Living in Pune and studying in Symbiosis taught me so much more than just getting a law degree. The thrill of making new friends, living within a budget, taking care of your own apartment, commuting in buses and autos and the exposure to small things was quintessential in helping me gain the confidence and awareness which I would have never got in the comfort of my home or within the four walls of a classroom. I would urge every student or anyone who wishes to pursue further education to get out of their comfort zones/homes for it may very well be end up being the most enriching experience of your life.

     

    Please share your experience at Karanjawala & Co.?

    After graduating (with good grades) from law school, I was clear in mind that I wanted to pursue litigation, atleast for the first few years of my practice. I was fortunate enough to get an opportunity to start my career with one of the best litigation firms of the country. During my tenure, I had the opportunity to work on some noteworthy cases like the N.D Tiwari paternity suit and the Lodhi Hotels case and brief eminent seniors like Mr. Mukul Rohatgi and Dr. Abhishek Manu Singhvi.

    I will always be grateful to Mr. Raian Karanjawala and all my colleagues at Karanjawala & Co. for taking such an active part in nurturing me during my infancy days in the profession.

     

    How did you decide to work under a Counsel even after getting an offer from Tier I firm?

    This was the toughest decision I’ve had to make in my entire life. As much as I was thrilled to learn that I was offered a job with a very lucrative pay-package, there was a part of me that wanted something more than just money. That urge inside me to go out there and make a mark for myself kept dissuading me from accepting the offer. I always had dreams of setting up my own independent practice and I thought working with a counsel who can encourage that sentiment would be the best platform for me to pursue my dreams. Since I was only 23 years at the time, I thought myself to have the privilege of time to make decisions out of choice and not compulsion so that in the event they don’t work, I could fall back on the secured environment of working with a law firm.

     

    Please share your experience with Mr. Sanjeev Anand, Advocate at Delhi Court.

    They were most enriching three years of my life. Mr. Anand was a true mentor for he made me love my work. When your boss becomes a mentor then your profession becomes your passion and when that happens, success is sure to follow (fingers crossed and touchwood, I’ve barely started).

    He consistently emphasized the importance of sound lawyering. He always told me that a good lawyer must be a surgeon in office and an artist in court. I would often go up to him with my problems and despite his busy daily schedule, he would always make it a point to sit with me and help me out. It’s like holding your child’s bicycle from behind to make sure that he learns before he can out there on his own. So much was our bond that on my last day in his chambers, both of us had tears in our eyes. I want to make him proud one day.

     

    Why did you choose independent practice over secured employment?

    Everyone has a perception of the kind of environment they wish to see themselves work in, one which not only gives them job satisfaction but can also bring out the best in them. I always felt that working independently would give me that kind of satisfaction and feeling of fulfillment. There is no better feeling than having to see someone invest their faith and money in your individual ability to fight their case, however big or small that person may be. I must confess that it is difficult line to choose, but then nothing worth having comes easy. Having said that, I am still very young in this profession and stand to change my views depending on what life has in store for me in the near future.

     

    What are your areas of interest? How did you go about developing expertise and knowledge in these areas?

    I was fortunate to work on a host of Commercial and Arbitration matters during my time with Mr. Anand. His phenomenal command over the original side Civil laws (CPC, Limitation and Evidence etc.), Contract law and Arbitration led to me developing a keen interest in the said areas. I am currently working on some noteworthy arbitration matters and also providing advisory services to companies in contractual matters/disputes pertaining to employment, shareholding and joint ventures. I have done trials (predominantly civil) for over 4 years and it is one of the joys of our profession, I hope to get some trial work coming my way in the future.

    Well, the concept of ‘practice makes you perfect’ does not apply strict sense to lawyers because apart from handling his cases a lawyer must also keep himself abreast with the latest developments in his strata of practice. Even small things like reading the newspaper help a lot. As for myself, I use my limited financial resources to invest in the some journals/reporters/magazines, which I read on a weekly/monthly basis. I also make it a point to attend the various conferences and seminars, which cover topics of my areas of practice. This gives me a chance not only to educate myself and but also get a practical insight from the experts in the industry.

     

    You are the youngest Indian to be selected as a Scholar at the Inter-Pacific Bar Association (IPBA). Tell us about the experience.

    I attended the IPBA Conference in New Delhi in 2012 and since then I always had a desire to take part in it. More than a 1000 lawyers from the Asia-Pacific region meet annually to discuss the major legal issues concerning their respective jurisdictions. There is tremendous scope to broaden ones horizons both in terms of knowledge and network. It was there that I learnt about the IPBA Scholarship for lawyers less than 35 years of age and since the registration fee was exorbitant, the only way I could attend the conference was through a scholarship.

    I applied twice and my application was vehemently rejected stating that my qualifications fell short of scholarly standards. It was only in early 2016 that I got third time lucky and finally got the opportunity not only to attend the conference. While being conferred my certificate at the Gala evening, my name and picture was flashed on the big screen in the backdrop of the Indian flag. That was a red-letter moment for me, one which I will never forget.

     

    Being a part of The BRICS Legal Forum, please share with us your journey from Shanghai, 2015 to New Delhi, 2016.

    This opportunity initially came with a stroke of good fortune. I was a last minute addition to the delegation, since two PHD students from the Indian Law Institute had to cancel their plans last minute. It was a great honor to represent your country especially when delegation is led by a stalwart like Mr. K.K Venugopal.  I also successfully completed a three-week academic program on Chinese Arbitration Law whilst I was in Shanghai.

    As a result of my contribution at the Shanghai conference, The Bar Association of India (BAI) asked me to be a part of the Organizing Committee for the Third BRICS Legal Forum, which was held in New Delhi under the stewardship of Mr. Venugopal and Mr. Rohatgi. I was a part of the team that drafted the New Delhi Declaration for the establishment of an Arbitration and Dispute Resolution Centre for BRICS Countries at New Delhi, which was signed in the august presence of the Chief Justice of India.

    I was recently made a member of the newly formed Youth Wing of the BRICS Legal Forum and I must thank Mr. Prashant Kumar, President-Elect, BAI, for having faith in me and supporting me throughout my association with the BRICS.

     

    Tell us about your publications. What is the importance of writing for a law student?

    I have been authoring articles since 2012. Being predominantly a litigating lawyer, it’s hard articulate yourself in a non-adversarial manner, so I resorted to writing articles on the topics that interest me. Apart from sharpening your ability to research and draft, they also give you some recognition and visibility which is very important in the competitive world we live in today.

    Seeing the mushrooming of publishers/journals(both physical and online), I would strongly encourage all law students and young(er) lawyers to pen their ideas and research in the form of reader friendly articles for it will help them immensely in the long run. Having said that, I hope they help me in the long run.

     

    What are your short-term and long-term goals? Where do you see yourself five years from now?

    I’m at a very nascent stage of my professional life, so every day brings a new adventure and every conversation opens a new box of opportunities. The erratic flow of work and the uncertainty of remuneration keep me on the edge and motivated to do more.

    My short-term goal is to increase the volume of work that I am doing and I am confident that in times to come, more and better work will come my way. Moving forward, I wish to establish a solid niche practice in field of commercial litigation, arbitration and corporate advisory. I am open to exploring the option of collaborating with like-minded people/offices (both domestic and overseas) preferably specializing in different branches of law so that the office can provide more comprehensive services to the clients. Since India is on the cusp of liberalization of the legal services sector, I believe this is time for consolidation, not fragmentation and we stand to gain more by working in teams than in isolation.

     

    What would be your parting message to our readers?

    It does not befit my position to preach anything at this stage of my life. However, from my limited experience at the bar, all I can say is that it very important for a lawyer to constantly grease his wheels of knowledge. It is also very important to be enterprising, whether you are working on your own or with a firm. Try to find a space for yourself in this vast profession where you can enjoy what you are doing without thinking about competing with 1.3 million lawyers in India. Burn the midnight oil when needed but also spend time with family and friends. Don’t get too busy making a living that you forget to make a life.

     

  • Md. Kaleem Mohiuddin on his experience at law school, journey on career building and choosing litigation over corporate companies

    Md. Kaleem Mohiuddin on his experience at law school, journey on career building and choosing litigation over corporate companies

     

    Md. Kaleem Mohiuddin graduated from the University of Nagpur with a degree in law in 1994, subsequently working under a Senior Advocate for a short span. He then started practicing independently in civil as well as criminal cases and is currently Additional Public Prosecutor for Additional Assistant Sessions Court, Karimnagar.

    In this interview Mr. Kaleem Mohiuddin talks to us about:

    • His time at law school
    • His journey in career building
    • His interest in civil law
    • Choosing litigation over Corporate companies

     

    CAN YOU PLEASE INTRODUCE YOURSELF?

    I am a first generation lawyer in my family. I graduated in law from Nagpur university in 1994. I didn’t choose law for any specific reason, it happened to me. Currently I am a practicing lawyer in the district and session court of Karimnagar, Telangana. I used to represent clients in both civil as well as criminal cases. In 2015, I got appointed as an Additional Public Prosecutor for Additional Assistant Sessions Court, Karimnagar for three years. I am presently representing police cases as well as other civil cases.

    WHAT DO YOU THINK, FROM YOUR COLLEGE LIFE, HELPED YOU THE MOST TO BECOME WHAT YOU ARE NOW?

    I am glad I pursued my legal education from University of Nagpur for the practical exams that we had for 200 marks unlike other universities with no such similar weightage. The marks for practical exams were divided equally between thesis writing and the rest for participating in Moot Court, working for Legal aid camps, attending Lok Adalats and visiting courts to see proceedings under the guidance of a practicing advocate. Now, without this particular examination, I wouldn’t have been aware of crucial things like Lok Adalats and importance of legal aid camps. Also, I made a thesis on Relevance of Facts in Indian Evidence Act. The number of sections it contained not only made it confusing but also interesting. For this reason, I think it is very important for law colleges to have curriculum which includes practical exposure and the students should take advantage of it and gain as much knowledge as they can.

    CAN YOU BRIEF US ABOUT YOUR JOURNEY AFTER ACQUIRING A DEGREE IN LEGAL STUDIES?

    Before started practicing independently in 1996, I was as a junior advocate under Advocate E. Jaggareddy. Within a period of six months of working and learning under him, Mr. Jaggareddy had other engagements, thus he could rarely come to the office which made other junior advocates show up irregularly to the office. Irrespective, I used to be in the office every day and would attend the proceedings of all the cases taken up by us. I used to work hours together flipping pages of numerous books and files and study deeply, putting things together to find loopholes in cases. Judges who had not been so polite to be otherwise, started appreciating me and that is when I felt so encouraged and my confidence level got boosted up.

    YOU SAID, YOU USED TO REPRESENT BOTH CIVIL AND CRIMINAL CASES, WHICH ONES DO YOU FIND MORE APPEALING?

    I find civil cases interesting; it is not just because the office that I worked in dealt with civil cases but also because I find civil cases challenging. In civil cases, you have to prepare the case yourself but in criminal cases you only get to defend. Pointing out mistakes is an easy task but creating a proper case is not.

    WHAT IS THE EXPERIENCE OF BEING A PUBLIC PROSECUTOR LIKE? WHAT WOULD BE THE BEST PART OF BEING AN ADVOCATE?

    I feel privileged to work for the state. Earlier, I used to represent the accused, while now I represent the complainant. The best part about being an Advocate and especially working for the state is the feeling that you get when you help providing justice to a needy person.  Rendering services to the needy helps you feel better too. The immense satisfaction at that you can aid in providing justice to the person whose rights have been wrongfully infringed is something that can’t be expressed. As I have said, law happened to me, I am glad that it did. It makes me grow every day.

    DID YOU EVER CONSIDER BECOMING A JUDGE? CAN YOU ALSO GIVE A REASON BEHIND IT?

    I personally would not want to become a judge. The scope for development decreases as you become a judge. You definitely have a huge duty upon yourself to analyze the issue with reasoning and give your judgment, but the opportunity of applying appropriate laws and fighting is lost.

    WHAT IS YOUR OPINION ON LOK ADALATS?

    I think Lok Adalat system is very important in a country such as India where the number of cases is really high. It is, in fact, one of the very important things that Indian judiciary was in need of because it can be conducted at suitable places, arranged at a short notice and can be conducted in local languages. It helps in dispensing a lot of cases in very less time; also, it is the best supplementary forum for victims for satisfactory settlement of their disputes. I too have settled a lot of cases in Lok Adalat.  Lok Adalat has the competence to deal with a number of cases like Matrimonial disputes, Family court cases, Partition claims, Damage cases, Motor vehicle compensation claims, etc. It advances equal access of justice to all.

    ARE THERE ANY CHANGES THAT YOU WANT TO SEE IN INDIAN LAWS OR LEGAL SYSTEM?

    The way Indian judiciary is working for the justice of citizens is commendable. There are few things that should be taken care of. Filling of vacancies at the earliest is needed; also the inadequacy of staff and judges should be considered and taken into account. I would also want to see few changes in procedural laws. Civil Procedure Code was drafted in 1908 when we were under the British rule. The time has changed, we have become independent but we still are following the same old laws. Amendments have to be brought and a time should be fixed for the disposal of cases because there are numerous provisions in Indian laws that could be used by litigants with mala fide intention and cases are prolonged unnecessarily. Compensation procedure should be included in procedural law for long litigation.

    DO YOU THINK MORE LAW STUDENTS SHOULD TAKE UP LITIGATION THAN GOING FOR CORPORATE WORK? WHY?

    One should do what appeals to him, but looking at the present trend of law students preferring corporate world over litigation I think students should give themselves a chance to go fight a case in the court. With the kind of infrastructure, practical skills and exposure that law schools are providing now-a-days, students are lucky enough to have such facilities and they should be able to take up litigation which is not a very difficult task to them. One might not get cases in the very first days but one can definitely work under a senior lawyer, dedicate a year for understanding the procedure, making good social relations, networking and learning things. Corporate world might be amazing but so is practicing in a court. Practicing makes you feel that you are an integral part of the society. Also, students should take up the task of making a good image of advocates in the society. The other thing that I see is that most of the people think that one could earn more in corporate world, which isn’t true. One can earn enough by practicing before a court. After all, the satisfaction that you get is above anything else.

     

    WHAT ARE THE TIPS THAT YOU WOULD GIVE OUR READERS, LAW STUDENTS?

    I think students should have thorough knowledge of all the acts. One should be a regular reader and should take care about the appearance. You are not a common man, you are an Advocate. Know as many things as you can, appear decent because the major part of your profession is to provide guidance to others. Maintaining good relations with others is another important thing. Be cool and friendly. When you deal with a case, hear the client very carefully, understand the legal issue and go through the Acts. Refer precedents and get a good command over procedural laws. Don’t be an independent practitioner right after graduating from law school. Join an office under a senior Advocate. Choosing the right office and right person to work under is very important. Do not think of earning at the first instance. Develop your communication skills and network. Be positive in your profession. 90% of the society would talk about the negative aspects of your profession, but law is the best profession in the current scenario. After all, the best part about life is being satisfied and that is something that you can acquire by becoming a lawyer and helping people. Also, do not think of earning money. Money is a part of life and not life itself. Follow the right path, learn things, money will follow. Before anything, develop individuality.

  • Varchasvi Gagal, CEO, LegalSpell, on starting up in legaltech and creating a drafting tool

    Varchasvi Gagal, CEO, LegalSpell, on starting up in legaltech and creating a drafting tool

    Varchasvi Gagal graduated from Jindal Global Law School recently in 2016. After witnessing a wide array of legal cultures through global legal education in college and on exchange at Baltimore School of Law, University of Baltimore, he has been researching the use of legaltech to transform Indian Legal drafting methods, for the past 2 years. He worked at the Legal Clinic of his college to understand the need for documentation among people at the grass roots level.

    Varchasvi has recently launched India’s first DIY document drafting platform for all called LegalSpell. He has been working on his start-up for more than a year ago. His vision is to revolutionize the way document drafting is done in India.

    In this interview he talks to us about:

    • What is LegalSpell and how it is one of its kind.
    • His motivations and inspirations in life and in creating LegalSpell.
    • His journey from a simple law student to the CEO of LegalSpell.
    • His vision to do something path breaking with LegalSpell.
    • Future plans and taking Document Drafting towards a much needed evolution.

     

    Tell us a bit about yourself. What drives you? What is one achievement you would be most proud of today?

    I come from a background, which involved my upbringing in a small town (Alwar) in a joint family. I have been molded in such a way that commitments are considered to be of the utmost importance.  Being from a business family, I have always admired my father. Watching him work inspired me in so many ways. He struggled hard and created an industry all by himself.

    He drives me towards becoming a better man.

    I like to be honest. I am a straightforward person and in a lot of ways, direct and practical. And maybe that is why I never back out from my commitments. I like to keep things clear, and law taught me that in order to do that, it’s better to do everything legally. And maybe that is why I never back out from my commitments. That was my motivation towards LegalSpell.

    When you are working towards something that you believe in, you just don’t want to stop. And that has made me a workaholic. I just love to work and I can’t sleep until I am satisfied with the inputs I am giving in to achieve my goals.

    Although it took me more than a year to analyze the needs of people, one thing I am proud of today is that, I have finally created something that I once imagined. We created a user interface, which would not only revolutionize drafting, but will cater to anyone and everyone. The tool was specifically designed to adapt to the user, keeping in mind a professional as well as a layman. I am proud that LegalSpell will work directly and indirectly towards legal awareness and safety.

     

    Tell us a bit about your law school days, and your internship experiences?

    Law School for me was a joyride. It has transformed me in so many ways and yet it was a home away from home. Spending half a decade in a place is not a piece of cake. But Jindal was an experience of a lifetime. The 5 years have taught me so much, made me aware about the world, and has witnessed my transformation in many ways. I was taught by few of the most renowned faculty in India and on the other hand I made friendships to last for a lifetime. The semester exchange program opportunity gave me so much of an insight into the legal cultures of the world.

    Also, I thank my college for giving me some wonderful friends and seniors. Samridh, Ojasvi and Harsh Aggarwal have been my constant support throughout. My seniors, Advocate Jayant Malik and Arjan Sharma have guided me in shaping LegalSpell as a product. In fact, my friends and an integral part of team LegalSpell, Namon, Karan and Hrideja are also from the same college.

    As far as my internships go, I thoroughly cherished interning at Impact law venture. That was the time when Mr. Pankaj (the owner) gave me some brilliant insights into start-ups.

     

    When was the moment you decided to not pursue the mainstream legal career and dive into entrepreneurship?

    My exchange semester along with the internships played a huge role in my decision in choosing a non-conventional career. I gained a lot of experience at my internships, and a lot of knowledge in my college, however there was always something that was missing. There was always the will to do something path breaking.  Something that not only creates an impact in the legal sphere, but transforms it forever. And when it clicked, nothing was the same ever again. The drive that it brought has borne its fruits in the form of LEGALSPELL.

     

    What is LegalSpell?

    LegalSpell is an online drafting platform for lawyers, corporates, entrepreneurs, start-ups, freelancers, designers, chartered accountants and laymen alike, a tool facilitating an instinctively easy drafting. LegalSpell ensures a time-efficient and cost effective user experience. Having been designed to automatically customize and personalize the document drafts for the user, this novel drafting platform has convenience imbibed in its core. A user can prepare their customized draft simply by answering a few questions and thereafter, use the drafting platform to personalize their draft to better suit their needs. While using this platform, the user has the flexibility of hand-picking clauses from LegalSpell’s automated draft prepared on the platform or add pre-drafted clauses specifically tailored to suit their draft from the Referrals tool. To add to the user’s experience, the drafting tool also incorporates features like an onscreen Google search and drafting notes, amongst others. The orientation of the drafting platform has been kept well aligned with that of the conventional drafting tools to instill adaptability and for enhancing the user’s ease of use.

    For instance, if a lawyer needs to draft an application under Section 34 of the Arbitration Act (filed for setting aside an arbitral award), all he needs to do is answer a few specific questions and LegalSpell will automatically prepare the draft by creating the Index, Memo of parties, List Of dates, Affidavits and Vakalatnama in just one go.

     

    What is legaltech? How does LegalSpell use legaltech?

    Legaltech is nothing but a step forward towards a future where the legal fraternity goes hand in hand with technology to attain more efficiency and productivity in legal work. The idea is to revolutionize the legal sphere with advancements of technology to foster the legal needs of people with utmost convenience.

    LegalSpell is driven by the application of technology to redesign the conventional document drafting practices into a neoteric and more sophisticated system of drafting. Our vision is to strive towards efficient and hassle free document drafting through the use of legaltech. Our goal is to innovate and develop technology to make the legal system much smarter, faster and efficient. We believe that while all other spheres of our life have been transformed through the means of technology, the legal system has remained deprived of such transformation. By introducing LegalSpell, we are reshaping those conservative and conventional methods by the use of technology.

     

    Who all does LegalSpell cater to?

    LegalSpell not only caters to Lawyers, CA’s, Corporates, Start Ups, Freelancers but to layman as well. It is so easy to use that through an easy 5-step process, a highly intricate and complex document can be drafted within minutes. With our initial offerings, LegalSpell provides a platform to draft more than 120 documents, which are divided among Court Related documents, Agreements, business related documents and personal documents. In fact, with the course of time, we are aiming towards a repository of 250+ documents by the end of October. With all that in the cards, we are just getting started. Our goal is to provide our customers with a choice of each and every single document possibly required under the Indian legal system.

     

    How is LegalSpell of aid to the legal fraternity?

    Being a company started by lawyers, we realized that due to increased cost and time pressure in a highly competitive industry, it had become imperative to invent a cutting-edge solution to the highly cumbersome document drafting methods. LegalSpell serves as the perfect tool to solve these issues.

    The amount of time it takes to create an ironclad document is far beyond imagination for a layman. Be it a lawyer or a paralegal, drafting is and has always been a cumbersome process. But not anymore; LegalSpell caters to the needs of legal fraternity, where it not only saves time, but is also cost effective. No more drafting hassles, instead after a mere work of answering few questions, the user will be served with an automated draft of the selected document in one go.

    Moreover, LegalSpell not only provides the lawyers with a means to increase efficiency and work productivity, but also helps them to expand their horizons into different aspects of law with the diversity of documents that it offers.

     

    How did LegalSpell come about?

    After spending a whole semester in Baltimore School of Law, studying the functionalities of law in the global sphere and experiencing the digitized legal culture there, I realized how India lagged behind from global standards of fast and efficient document drafting. Being a legal student at that time, it perturbed me that there was no dedicated document-drafting platform in India to cater to the documentation needs of people.

    I realized that the nuances of the legal world have been changing at a pace faster than ever and range into multiple shades of an otherwise black and white regime. The idea behind LegalSpell was to empower everyone to keep up with this change. While technology has transformed the way professional needs and demands are met, the realm of documentation lacks a smart and efficient use of technology to fulfil its demands. By creating a tool for document automation and customization, we are reinventing a smarter and more productive way of generating high quality documents with utmost ease and convenience.

    As a result, I, along with two brilliant lawyers set upon to create LegalSpell, to foster the documentation needs of people.

     

    varchasvi-gagal-1

    Who are behind LegalSpell?

    Driven by the pursuit of spreading awareness amongst people, LegalSpell was conceptualized by myself with the support of Mrinal Gagal (Entrepreneur) and was, thereafter, pragmatically augmented and developed by two lawyers, Jayant Malik and Arjan Sharma. Our Team Consists of Ojasvi Singh (Advocate), Meghanjali Routh (Economic Strategist), Karan Dhingra (Law Student), Namon Deep Jain (Law Student) and Hrideja Shah (Law Student).

     

    What were the problems faced while bringing about LegalSpell?

    Everyone believes that a good idea is all that is needed to establish a successful start-up, but take my word, that is merely the beginning. Maybe that is why there’s no copyright on the idea but on its expression.

    The number of hurdles faced over the course of time in the creation of LegalSpell are innumerable, however one of the biggest challenge was to develop an instinctive platform that could respond to all the needs and necessities of the user. The research and development invested in the creation of LegalSpell, is one of the most significant reasons why LegalSpell is one of its kind. It took us a whole year, just to research and analyze the needs and demands of the consumers.

    Also, our I.T. team along with our Legal team faced countless problems while trying to incorporate technology in creating flawless drafts. However, they did a commendable job by working day and night to create a dedicated DIY document-drafting platform.

     

    Why a start-up over a conventional job or an independent legal practice?

    I am and have always been passionate about law, and at the same time I have always been taught by my father that progress is the key to everything. The idea behind LegalSpell was to create something in the field of law that proves to be a definitive step towards a progressive legal culture.

    Don’t think of LegalSpell as just another product in the market. It is much more than that, it stands tall on the foundations that are built on much higher principles. As a law student, my inspiration has always been backed by the habit of need for quality and excellence, that was instilled in me in my early years of law school. As Aristotle has said “we are what we repeatedly do, and excellence, then, is not an act but a habit.”

    By creating LegalSpell, we are not only progressively catering to the needs of fellow lawyers, but are creating a legal environment where anyone and everyone has access to quality documents which helps them stay legally sound in their respective professions.

    Why serve only yourself by doing a conventional job, when you can serve the whole fraternity by making their work more productive and efficient.

     

    What can we expect from LegalSpell in the near future?

    This may sound a little over-confident, but we are just getting started. Not only are we planning to come up with three new services by the end of this year, but we are already working on adding a wide array of documents related to every profession, so as to cater to the legal documentation needs of as many people as possible.

    We already have a document offering of 110+ document drafts, and our goal for 2016 is to take it to 500+ documents by late December. On the top of that, our R&D team is constantly working on making LegalSpell’s drafting platform more instinctive, more responsive and even more user friendly, based on the feedbacks from our existing customers.

    If all goes as planned, LegalSpell will transform the way documents are created in India.

     

    Is LegalSpell intended for the Indian Markets only?

    The answer to the question whether it is “intended” only for the Indian markets won’t do justice to what the future holds for LegalSpell.

    As of now, LegalSpell is specifically focused on catering to the needs of Indian users. It is designed to respond to each and every need of the user while drafting their intended document. The documents are fashioned according to the Indian Legal System to provide utmost precision.

    However, as I mentioned earlier, that we believe in progress and we are not denying the fact that somewhere down the road, LegalSpell might include international documents under its ambit.

     

    Where do you see LegalSpell in the coming years?

    We believe that with the inception of LegalSpell, we have created something truly incredible. It holds the potential for an endless number of possibilities. We have and still are striving towards revolutionizing the Indian Legal System, and we won’t stop until a truly remarkable revolution is witnessed by our legal system. We take pride in the fact that we are instrumental in doing so.

    We already have plans for the coming years, however they are still in their initial phase, and right now we are working on our plans for the near future, moving forward one step at a time.

    As they say, “the sky is the limit”, but for us, we don’t believe in limits, and that is why “the sky is where we start from.”

     

    What would be your message to readers?

    Believe in what you do. I believe law, as a career is just not limited to litigation or corporate life. In today’s world especially when India is moving at such a fast pace towards digitization, a law student has multiple avenues to choose from. I believe that in order to sustain or to be successful in such a competitive and fast moving environment that we live in today, one needs to be innovative. We are just at the inception of innovation in the legal field and there is a long way ahead. Courses we study in our law school shape our reasoning abilities. Once we graduate only then do we realize that there has been a significant change in how our reasoning and logical abilities have been boosted. At the end of the day, the only thing that matters is one question, “Are you living your profession” and my answer to that question is YES I Am.

     

     

  • Kapil Sankhla, Founder, Sankhla & Associates, on litigation and managing a firm

    Kapil Sankhla qualified in law from Campus Law Centre, Delhi University in 1999 after gaining a B.Com degree from Shri Ram College of Commerce and another degree in Hotel Management from IHM, Pusa. For the better part of his law school, he engaged in a long term internship which prepared him to take on litigation with ease even as a fresh graduate. He is the Founder and Managing Partner of Sankhla & Associates, based out of New Delhi.

    In this interview he talks to us about:

    • His pre-law school days and passion for debating
    • Decision to pursue law and the inspiration behind it
    • The importance of reading as a habit and a passion
    • His life at law school
    • Starting up with Sankhla & Associates

     

    How would you like to introduce yourself to our legal amateurs and professionals?

    The learning never stops and I believe that I too am a student of law, albeit a few years your senior! I practice and perform not in a moot court but in real life courts and like any other student of law, I compete and collaborate every day. As a first generation lawyer, I have gone through my share of self doubts, trials and tribulations and have realised that the journey is its own reward. It has been a beautiful journey so far mixed with struggles, success, challenges, more struggle and more success and the graph continues to waver. I have realised, the harder I work on the basics of law, the simpler things get. I am enjoying every bit of this amazing profession where I get to understand various levels of issues and strategise and grapple with various aspects of law every day.

    As a lawyer, my mantra, my life philosophy, and the philosophy of the firm which has worked in Court battles against the biggest and the strongest opponents, and which I would like to share with our young readers is -tenacious resolve, which means stick on-hold tight, despite all odds, and your time will come.

     

    Tell us about your childhood and pre-college life. Was it your all time dream to be in the legal profession?

    I was an average student which, according to teachers would mean not very bright, but I loved (and still do) to read and was a very imaginative child. I believe that it is your education and not your studies that make a success out of you. If I had to advice, it would be-keep reading, it doesn’t matter what you read, just keep reading, and trust me all that information, however random is churning and stirring up ideas and dialogues which will hold you in good stead in the profession, irrespective of whether you become a litigator or do chamber practice.

    As a child, I think I wanted to become a writer, which I realise I can very well do even now, and best part is, there cannot be a better profession than this!

     

    What incidents, influences or interests prompted you to think of law as a career?

    I remember the first time I saw legal luminaries like Mr. Ashok Aggarwal and his famous interview where he chose morals over a client, got me interested in law as a profession and got me hooked on to it; Mr. Ram Jethmalani being in the news with Harshad Mehta made me want to stay in the profession; reading about Mr. Nani Palkivala made me want to reach for the stars and briefing and interacting with (now) Justice U.U. Lalit ensured that my faith in honesty, fairness and humbleness is firmly anchored. Most lawyers don’t join law to become lawyers, for most, it is a stepping stone for something else. Fortunately, I am a part of the minority, as law chose me.

     

    Tell us about your experience at Delhi University. What all curricular and extra-curricular activities did you participate in?

    I have a very chequered past vis-a-vis the time post school. I got through SRCC but realised early on that it wasn’t for me, so I got into Hotel Management, a field where I did quite well. Throughout my college life, I was very active in theatre and debates and it was my passion to always speak against the motion and see how I am able to convince the audience. This caught my interest towards law as a field and I took the entrance, thinking ‘what’s the harm in trying?’ I didn’t think of law as a profession, when I took the exam, but when I did get through Campus Law Centre, DU, I took it up seriously and also interned with a lawyer for more than two and a half years while I was in college. This proved to my advantage as by the time I was in my third year I was confident about court visits and in-fact upon graduating as a lawyer, I handled a final argument matter within 19 days of registration.

     

    What would you advise our readers is the ideal things to look to get out of university, other than a degree?

    A university one looks for to study should definitely have a good name and reputation. It should encourage real life examples in terms of case research and also encourage participation in moots, etc. Any university which promotes practical learning as well as theoretical learning is an ideal University to be in. Alumni of the university and their performance in the real world also has a bearing on whether the University would be able to provide what one is looking for.

    I would advise you to enjoy yourself to the fullest. Be foolish, make mistakes, learn and enjoy. Participate in whatever activity takes place, you’ll never have the opportunity to probably get away with mistakes once you become a lawyer. Enjoyment is integral to being a college student, it is indeed a time wherein one needs to relax as once we are thrown in the profession one must not forget what the stars of the legal profession have said again and again “Law IS a jealous mistress!” and there shall be hardly any time for leisure as such!

     

    You founded a law firm that is doing very well today. What challenges do you think someone who wishes to start a firm or independent practice is likely to face? What would you advise them to do to mitigate such circumstances?

    It is not easy to build a practice in law, yet not impossible either. The challenges one faces are manifold. Convincing clients to assign and engage a new firm/independent lawyer is the most important one. It is imperative that the clients approaching a new firm/lawyer should be able to get a level of comfort to be able to engage the firm as their lawyers. Necessary infrastructure to work from is also required. A decent library and efficient work staff goes a long way to enable a lawyer to concentrate on his job, leaving aside worries of billing, file management, correspondence and follow up with clients. A good support team to handle such issues coupled with dedication and hard-work should help any lawyer achieve pinnacles of success.

     

    Presently you are the Managing Partner of Sankhla & Associates. What falls within the scope of your responsibility?

    As the Managing Partner of the firm, I have the responsibility to bring in new clients, hire new Associates, make alliances with international and national firms to enable a global presence of the firm. Motivating my team and encouraging them including pointing out spheres of improvement also constitutes a large part of my role. I have to ensure that not only does the team work to their optimum potential and a bit more, but also that they get their fair share of fun, recreation and feel connected to each other as a team and a family. This ensures all round development of the firm and relations therein. The growth and success of the firm is a team work with the Managing Partner at the helm of all affairs.

     

    While hiring new lawyers what kind of skills do you look for in them?

    A promising CV entails besides a good grade, involvement in moot courts, research and an active college record. As a student, it does speak volumes if your CV boasts of a reputed college, a healthy participation in moot courts and debates, internships involving firms and lawyers handling various aspects of law and published papers and articles, if any.

    However, apart from the aforesaid, the interview matters in itself which would be the ultimate judge of what is written in the CV and the impression that one carries to the interviewer. Be honest about what you put in the CV. Knowledge of different subjects and specially the one which is a preferred choice does really go a long way to secure a job in the place of choice.  But above it all, the one thing that we really look for when we hire someone is the hunger to win and the desire to make a difference. If someone has that, then really, nothing else matters!

     

    What kind of effort should a young Associate put into work to get it appreciated? What distinguishes an Associate from a Partner when it comes to work?

    Besides hard work and dedication, self-motivated effort and initiative definitely invite appreciation. A young lawyer who takes initiative to draft out matters, research and provides innovative suggestions and a different solution to a matter, would always get appreciated.

    An associate is expected to do all the base work from research to initial drafting, coordination with interns, junior associates and clients, if necessary. He will make sure that the strategy as has been suggested by the Partner and all points discussed in the Partner-Associate meeting are followed and put it on paper. Thereafter the Partner takes over to give a final check to the draft, strategy check and additions wherever required. Partners bring in work and are instrumental in firm management, its promotion and alliances: both national and international. They are expected to bring in work, infrastructure and the support needed by the team for execution of work.

     

    What would be your advice to our readers?

    Choose what you want to do. There are many lawyers who want to be researchers, conveyance and pleading solicitors, arguing counsels all rolled into one. The rest are dreamy eyed and want to become Corporate Lawyers because it pays well. Work on your strength and choose the facet of law. Polish it every day, enjoy it to the fullest and work hard- very hard and the world is your platform and sky is the limit.