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Shriya Jain, Associate, Wadia Ghandy & Co., Ahmedabad on work experience in real estate at a top tier law firm
Shriya Jain, a 2013 graduate of Institute of Law, Nirma University, Ahmedabad is currently working as an Associate at Wadia Ghandy & Co. She works in their Property Team, in the real estate department and handles the drafting of transactional documents relating to real estate and also makes title certificates. In this interview she tells us about:
- The passion for indulging in extra/co-curricular activities;
- The importance of drafting as a skill;
- The interesting path of choosing to do different things;
- The importance of breaking barriers.
How would you like to introduce yourself to our readers?

I am a part of the 2013 graduating batch of Institute of Law, Nirma University, Ahmedabad. I started my practice with Wadia Ghandy & Co., Ahmedabad in their Property Team and have recently completed three years with the Firm. Coming from a non-legal background, my journey till here has been very interesting and surely a roller coaster ride.

What would you like to share with our readers about your experience at ILNU, Ahmedabad?

In one word – Enlightening! We were the second batch of the Institute; hence, we as an Institute were exploring and learning a lot of new arenas of a Law School, like moot courts, debates, seminars, MUNs and such. These were very raw and new for us. Particularly, because of this reason, the initial batches had an added advantage. Further, the best thing about ILNU is that it focuses on various modes of teaching law, starting from classroom lectures to seminars, guest lectures from practicing lawyers, innumerable extra-curricular and co-curricular activities, mandatory internship for 9 semesters, setting up a legal aid clinic and giving students firsthand experience at an early stage to gain these experiences. I have tried my level best to absorb something from each of the above activities.

What were your areas of interest in the law?

This question has been rightly put up as what ‘were’ my areas of interests in law, as my interest has taken a drastic turn… by chance. During my days in law school, I was really interested in Corporate Law and wanted to pursue it further. At the time of campus placements, I was offered a position in the property team of Wadia Ghandy & Co. and I thought I should give it a shot! It would have been something new for me and I would have learnt about a field I had not much heard of. And to be honest, I have never looked back since then.

During your time at ILNU, what, if any, extra-curricular or co-curricular activities did you take up? How did the same affect your learning experience and prepare you for the legal sector?

ILNU has given me various opportunities to explore and enhance my potential. I am someone who cannot rely only on academics. My focus has always been on overall development. Since my school days, I was clear on one aspect – I would participate in extra-curricular activities. It builds your personality, enhances your creative side, gives you an opportunity to meet several people and learn from them, develops a competitive spirit and gives you an edge. I carried this pattern of my life to college as well, ensuring from the first semester itself that I am involved in the extra-curricular and co-curricular activities of college, and I did this till my tenth semester there. I was very inclined towards debating during my school days and, in college, I was introduced to Parliamentary Debates and the concept of adjudication.

In my first semester I was given an opportunity to represent the Institute as an adjudicator at the NLS Debate hosted by NLSIU, Bengaluru. After this experience, I don’t remember any year of my college where I didn’t participate in a debate competition and have since adjudicated Semi Finals and Final Rounds of various National Level Parliamentary Debate Competitions. In my final year, I was made the Chairperson of the Debating Committee of ILNU and along with my wonderful team, we organized the 1^st ILNU National Parliamentary Debate Competition. Oh what an experience that was!

Apart from this I was a part of the team which qualified for the Asian Regional Rounds of the Manfred Lachs Space Law Moot Court Competition, 2012; presented a paper on the topic of “Emergence of Refugees in Non-International Armed Conflict : Its Implications on the Host State and the Role of UN” at the International Law Students Association Annual Summer Conference, 2010 at Istanbul, Turkey, a topic which is co-incidentally very relevant today. Participating in these activities (you may choose whichever activity holds your interest, but make sure you are doing something apart from sitting in classrooms) gave me an opportunity to interact with law students from all over the world and it has been a wonderful experience throughout.

I was also involved in cultural activities like fashion shows organized by ILNU, where I was spotted by a creative agency and starred in videos pertaining to ‘Awakening of Youth’ by the Government of Gujarat and in another video for ‘Save the Girl Child’ campaign.

Having been working with one of the best law firms in India, what can you tell our readers about what law firms look for in potential candidates?

Your basics of law should be clear. As a firm or any recruiter for that matter, we understand that a fresher may not have an advanced knowledge of law and may not be able to respond correctly to every question. Therefore, we would want to see how clear your basics are. Further, being curious and having the zeal to learn at every step, good drafting skills etc. are looked forward to.

What led you to gravitate towards Real Estate practice?

My earlier response to areas of interests covers how I started with real estate practice. The scope of work in this field is not known to many, including how the laws are different in each State. It is not taught in law schools and is very different from other areas of practice. Also, there are few women lawyers in this field. In my 3 years of practice, apart from the lawyers in my team, I would have interacted with not more than 3 female lawyers who are practicing in real estate. And because of this fact, clients (from real estate) are not used to having female lawyers. In our field, our clients are mostly builders, farmers etc. where female presence is generally very less. Therefore – and I don’t blame them – they are a little shocked to see a female lawyer involved in the matter. My initial 10 minutes of every client interaction is invested in building confidence of the clients. It is good to break barriers!

How important do you consider drafting as a skill, especially for those who are interested in transactional practice?

Your document is the end product of your knowledge. Hence, it is extremely important to have good drafting skills to portray the understanding of clients and your knowledge in the best possible way. As a transactional lawyer, 75% of your time is invested in drafting agreements. I would say, if you want to be a transactional lawyer, focus on enhancing your drafting skills. It is all about how you bring out the understanding on paper. Do not confuse it with using fancy language and Latin terms. Be simple, precise and coherent.

What would you like to share with our readers about the general rigorous and demanding nature of a corporate sector job?

If you enjoy what you are doing, you will not find it to be rigorous or time consuming. Yes, you have to put in hard work and lot of hours, but that is an investment at the end of the day.

Finally, what parting message would you like to give to our readers?

I shall put this in a precise manner:
1. Read a lot. From course books to articles, essays, fiction, non-fiction, history etc. As a lawyer, you should not restrict yourself to course books or specific laws. Enhance your knowledge, there is no limit. Like my Father says, “College is there to only provide you guidance, it is your responsibility to learn and shape your career”. Another advice which I have taken from ILNU is from one of our lecturers, Mr. Divya Tyagi, “You speak what you read”. Hence, read quality books;
2. Participate in Co-curricular/Extra-Curricular activities;
3. Work with a lawyer after college hours. This will give you an experience as to how the law is applied in reality;
4. Socialize with your peers from other law schools, lawyers and lecturers. The knowledge and exposure that you will get from interacting with them is invaluable and shall be with you for life; and
5. Enjoy your time at law school. It is a wonderful experience!
July 18, 2016
Shayak Chakraborty, Advocate on Record, Calcutta High Court on starting up with an independent litigation practice right after graduation
Shayak Chakraborty is an alumnus of Gujarat National Law University who graduated in 2013. During his school and college days he was very active in debating and started the Debating League at GNLU. He worked at the Calcutta Sessions Court under the aegis of the Chief Public Prosecutor before assuming a practice at the Calcutta High Court as an Advocate-on-Record. He is a certified mediator and focuses his litigation practice on civil, commercial and corporate, criminal and constitutional law. At present he has an independent practice. In this interview he talks to us about:
- The required skills and the importance of mentors in litigation
- The scope of ADR in the Indian judicial system
- His experience working in the Calcutta Sessions and Calcutta High Court.
What would be a brief introduction of yourself?

I graduated from Gujarat National Law University in the year 2013, and I am currently practicing law in the High Court of Judicature at Calcutta. I used to practice criminal law in the lower courts here in Kolkata before making the shift to the High Court last year.

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

I’d say the activity that helped me the most in litigation was debating. I used to be an active debater during my school days in La Martiniere for Boys, and continued that during my college days, where I founded the GNLU Debating Society in my 2nd year. Debating was a passion for me, although I wasn’t the best debater in my school (which had a fiercely competitive intra-school debating league), I was always an ace in extempore debates, where the skill of thinking on your feet and out of the box is all-important. Looking back, this is what honed my skills the most, because while every lawyer should be able research the law and frame the argument well, how one responds to arguments in Court with little preparation and dodges tough questions from the judge is what separates a good lawyer from the rest. So definitely debating was the most important activity which helped me in becoming a litigator, as it not only improved my speaking skills immensely (I was a very shy kid, and would find it difficult to talk to people before I started debating) but also prepared me to frame convincing arguments quickly.

Was there anyone who particularly influenced you while deciding on litigation?

Growing up, two of my father’s close friends encouraged me to take up law – the late Justice Barin Ghosh, who retired as Chief Justice of Uttarakhand High Court before passing away last year, and senior solicitor Debasis Law. Right from a young age, they told me I had what it takes to be a good lawyer, and thus, right from my school days I always wanted to be a litigating lawyer, having never even heard of transactional practice before I started preparing for law entrance exams. I was very sure that Court practice is what I wanted to do, and so I never wavered in my decision to enter litigation despite being a first generation lawyer.

Being a certified mediator and an active litigator, what do you feel is the scope of ADR in the judicial system?

As I have been trained in mediation, I am hopeful about its prospects in India. With the tremendous backlog of cases in our courts and the lack of adequate number of judges for a population like ours, more and more people are unwilling to resort to litigation to resolve their disputes. The ever-growing number of arbitrations in our country bear witness to this effect, as today a standard commercial contract will inevitably contain an arbitration clause. However, the real problem comes from land disputes, succession disputes and family matters since those aren’t usually covered by an arbitration agreement. In such cases, mediation can be a very effective way to bring about a resolution without resorting to the court process, and it is increasingly being recognized as such.

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

The Bar Exam is easy enough to pass, provided you have actually done a reasonable job of studying for your LL.B. degree. It is kind of a refresher exam for your law syllabus, and if you have indeed studied decently for your law exams in college, the Bar Exam won’t give you much trouble.

What was it like assisting the Chief Public Prosecutor in the Sessions Court?

Mr. Tamal Kanti Mukherjee, Chief Public Prosecutor of City Sessions Court Kolkata, is a tremendously successful lawyer and a gem of a human being. When I started working in his office, I had no idea about Court practice and had no clue as to how to go about things. While I had done internships during college days, the month or so that one spends on an internship barely gives you even a glimpse as to what Court practice is all about.

Tamal sir encouraged me a great deal, and helped me gain confidence in my abilities as a lawyer. He would encourage me to read every brief and prep every case for him, and had blind faith in my abilities even when I had no faith in them! With his encouragement and guidance, I learned a great deal about how trial works, and how criminal cases progress. Working for the Chief PP also meant that I interacted with police officers a great deal, and I learned a lot from my interactions with them too. However, I am tremendously grateful to Tamal sir for the constant encouragement he gave me when I was a nervous rookie lawyer. Such was the confidence he gave me that I was appearing on my own merely four months after enrollment!

I was briefed to argue for a de-facto complainant in a massive fraud case, where the value of the fraud was more than Rs 20 crore, and I was to argue against bail of two persons arrested on the very day I was briefed! I was tremendously nervous and excited at the same time, and when I walked into the Magistrate’s courtroom, I saw six lawyers appearing for the two accused! The lawyers argued strongly for bail, the Police Prosecutor opposed the bail in the normal fashion, when I asked for permission to make submissions for the de-facto complainant, the defence lawyers started shouting that I had no right to make submissions when the Prosecutor was there. Now, Tamal sir never liked to raise his voice, but would never be afraid of shouting down an opponent who was being too aggressive. I shouted back at the defence that I was seeking permission of the Court and I didn’t need their permission. Possibly impressed by my confidence, the Magistrate gave me two minutes to make my argument. I summed up our position on the matter, to which the Magistrate nodded, and sent the accused to police custody for 14 days (the maximum possible time), something completely unexpected for me, as some other juniors had told me not to expect more than 7-8 days of police custody! It was at that moment I knew I could make it as a litigating lawyer if I continued to work hard and persisted with Court practice.

What was the transition like, moving from work in a Session Court to the High Court? Did you prepare yourself for this change in any way?

I always wanted to practice at Calcutta High Court, but I could not manage to find a senior’s chamber to join when I returned from GNLU. Now, my father knew Tamal sir quite well, and when he mentioned to him that I was very confused as to where to start my career and thus had been doing nothing since returning from Gujarat, Tamal sir suggested that I join him for a few days to start with, to get an idea of the lower courts before joining a senior in the High Court.

After working in the Chief Public Prosecutor’s office for a while, I wasn’t any closer to figuring out a chamber to join in the High Court, so I decided to carry on working in the City Sessions Court, where I was already used to the surroundings and already knew most of the people.

However, my dream of going to the High Court never changed, and on several occasions I found myself wishing I could do more than just practice criminal law in the lower courts. I was granted a sudden opportunity when a corporate client of mine had a case dismissed in the trial court. They called me in to advise them about their options, and I recommended that they file a revision petition in the High Court. They asked me whether I would take care of the matter in the High Court for them, and I readily agreed! Mind you, I had absolutely zero experience in the High Court at the time, but I was confident enough that I’d be able to figure it out. I managed to find a clerk in the High Court who files matters in the Appellate Side, and took his help in filing that matter. When the case finally appeared in the cause list, I got a major thrill seeing my name alongside it as Advocate for the petitioner. I argued the matter, and it was admitted, and since then I’ve been going to the High Court!

What are the challenges of being an advocate in the Calcutta High Court? Why did you choose an independent practice as a litigator and not work in a law firm?

It wasn’t much of a choice, it simply worked out that way! If my client hadn’t entrusted me with the matter, I would probably still be in the Sessions Court looking out for another opportunity to make the shift. I didn’t consider working in a law firm because that entails having absolutely no freedom when it comes to the kind of matters you take up and the manner in which you go about a case, both of which are very important to me. However, it is tremendously tough to work on your own, especially when it comes to getting your own cases. I’ve been blessed by the fact that there are lawyers who have supported me and encouraged me a great deal…I definitely wouldn’t have made it so far without them.

What are the main types of cases you focus on? How did you choose an area of specialty?

I actually do all kinds of cases nowadays. While I started out as a criminal lawyer, I was never satisfied doing only criminal cases, although they are very interesting. I started working on civil and commercial matters, including suits, arbitrations and company matters as I went on in the High Court. Soon enough, there were some writ matters that came my way and I loved handling those cases as Constitutional Law has always been my favourite subject. So, I don’t really have a speciality as I have been doing extremely varied matters. I have even done transactional work such as drafting contracts. While there are many lawyers who specialize in their areas of practice, there are several others who do all sorts of matters.

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

The most challenging case I have ever worked on is a suit matter currently pending in the High Court, in which I’m the juniormost counsel and I’m assisting reputed Senior Advocates of Calcutta High Court. It’s a Testamentary Suit involving immovable property worth several crores, and even though my role has been negligible in this matter, the sheer complexity of the facts and the stakes involved make me thank my stars that I’ve had the opportunity of working on it. It is also challenging because of the way system works. To even ensure the numerous old and dusty Court records of this suit (filed in 1994!) are available for reference during the trial is a massive task in itself!

As for a case that changed my perspective on the judicial system, it is an arbitration matter (challenging the award of an arbitrator and a related petition seeking interim measures) long-pending in the Court. Here, again, I am assisting heavyweight Senior Advocates, and this matter has been kept long pending purely because the State Government, which was the losing side in the arbitration, had adopted delaying tactics in order to avoid paying the massive award passed in the arbitration. I learned through this case how slow the wheels of justice can turn in our system, and how frustrating it can be for a litigant. Even though the arbitration had been resorted to in order to avoid the extremely slow progress of Court, the way our justice system works has ensured that the matter continues to drag on without any sight of coming to an end!

You are an Advocate-on-Record for matters on the original side at the Calcutta High Court. How did that come about?

As per the Original Side Rules of the Calcutta High Court, you have to register yourself as an Advocate-on-record with the Registrar of the Original Side in order to file matters and accept vakalatnama from clients in matters on the Original Side. There are certain conditions you have to fulfill in order to register yourself, including having an office within the boundaries set out in Chapter One of the Rules. I never knew about this till I started working at the High Court. A couple of years ago, I had met a senior solicitor, Mr Sarajit Mitra, who had encouraged me a great deal and had taken my advice on criminal matters on a few occasions. I drop in to his office whenever I’m free, as he is filled with excellent stories about the practice of law, and I have learned a great deal about the profession from him. Sarajit sir has also placed great confidence in me and the biggest cases I’ve worked on in the High Court have been the ones in which he has briefed me as junior counsel. When I found out about the fact that not every lawyer can file matters on the Original Side, I asked Mr Mitra about it. Sarajit sir took out an old leather bound volume of the Original Side Rules, and told me to read them. I found that I fulfilled the criteria for registering, and asked what should I do to register myself. Sarajit sir again pointed me to the Rules, and told me to apply in the manner given in the Rules. I did so, and since then, I’ve learned a great deal about the functions and responsibilities of an Advocate-on-record from Mr. Sarajit Mitra, which has helped me to work as an effective Advocate-on-record.

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

Always observe your seniors carefully and learn whatever you can from them. Conduct yourself well, and people will help you out wherever they can. It can be very depressing and frustrating to be a junior lawyer, but you have to faith in yourself and your abilities, and you must have the patience to persist with the profession. Focus on the work, and always seek to learn as much as you can.
July 17, 2016
Aditya Swarup, Assistant Professor, Jindal Global Law School on being a Rhodes Scholar, and pursuing BCL & M.Phil from Oxford
Aditya Swarup graduated in law from the National Academy of Legal Studies and Research University in 2010. He was also awarded the Rhodes’ Scholarship the same year, after which, he obtained his Bachelor of Civil Laws degree from the University of Oxford in 2011. He then went on to do his Masters’ degree in Philosophy from University of Oxford in 2012. During his time at Oxford, he focused on various courses such as Restitution, Civil Procedure and Comparative Public Law.

After practicing law for a few years, he took a break to focus on his research and teaching. He is currently working as an Assistant Professor at the prestigious Jindal Global Law School and is serving as the Assistant Director of the International Institute of Higher Education and Capacity Building.

In this interview, Aditya talks about: –
- What made him pursue a legal career;
- His interests and areas of focus;
- His journey towards becoming a Rhodes’ Scholar;
- His views on the Indian Judicial System; and
- What a student must have, aside from academics in order to have a successful legal career.
How would you like to introduce yourself to our readers?

I am Aditya Swarup, currently an Associate Professor at Jindal Global Law School. Before joining academia, I used to work as an associate at a solicitor’s firm in Mumbai, practising primarily in the Bombay High Court and the Supreme Court.

What led you to enter the legal profession?

During my 12^th standard, I cleared the UPSC-NDA exam and SSB interview and was slated to join National Defence Academy, Khadakvasla with the prospect of joining the Indian Airforce thereafter. However, after a lot of thinking, I decided not to join the Airforce. At the same time, given that I had secured only 59.8% in my class 12 exams, I was denied admission by most of the good colleges. Law happened to be one of the disciplines where your 12^th standard marks didn’t matter and all one had to do was to clear an entrance exam. Accordingly, I took a year off and prepared for the law entrance exams for various law colleges (we didn’t have CLAT then) and got through NALSAR.

Would you like to share with the readers any particular instances during your time spent at NALSAR, which helped shape your views about the law?

In or around November, 2008, I had the good fortune of interning with Mr. Tehmtan Andhyarujina, former Solicitor General of India. At the time, he was arguing Selvi v. State, a case concerning the constitutionality of narco analysis before the Supreme Court of India. He had only one junior and involved me extensively in the case. I think preparing for the final arguments in that matter, that went on for two whole weeks, has been one of the best experiences in my life. At the end of my internship, Mr. Andhyarujina gave me the most inspirational talk about litigation and Jamshedji Kanga’s chamber and presented me with a copy of Prashant Bhushan’s book “The case that shook India”, a factual account of Indira Gandhi v. Raj Narain. The book also had a transcript of the Keshavananda Bharti review. It is then that I decided to pursue a career in litigation and Mr. Andhyarujina has helped me ever since.

What are your primary interests in the legal profession? Why?

During my formative years at law school and immediately after, I used to be quite interested in human rights advocacy. To this end, I used to pursue a lot of work in Chattisgarh and other conflicted regions. After my B.C.L, I took a keen interest in commercial law. I was intrigued by common law decisions on contracts, restitution and civil procedure and the manner in which each statement by a Judge in his judgment impacts the law. I have pursued an interest in commercial law ever since.

During your time at NALSAR, what extra–curricular and co–curricular activities, if any, did you participate in? How do you think these activities affected your take away from law school?

Unlike most students during their time at law school, I did not participate in many moots while at NALSAR. In fact, I participated in just one moot, i.e. the Raj Anand Intellectual Property Moot and incidentally, won the best speaker award there. I also debated just once, that too in my final year. However, I spent most of my time writing papers and in research. I feel this interest allowed me to attempt to critique the law beyond what is given in the text book. In fact, the publications have also immensely helped me with my scholarship and post graduate courses.

You wrote your M.Phil dissertation on “Interim Injunctions and Judicial Delays in India”, discussing injunction hearings taking the role of mini – trials in India. Can you tell us something about it?

One of the most significant and engaging aspects of a civil suit is the granting of an interlocutory injunction pending the final decision in the matter. The grant of such an injunction is, in theory, purely provisional in nature, with the objective of maintaining status quo, and in the hope that a party doesn’t suffer from irreparable harm. However, in most circumstances, such injunctions are maintained for the entire length of the suit, the length of the suit then itself being a critical issue. A final determination of a civil suit in India can take anyway upwards of 7 years. This poses a peculiar predicament to the Indian legal system in the sense that though an interim measure is merely meant to be provisional, since it lasts the length of the suit, it achieves a sort of finality- an unintended and inevitable consequence. Considering the predicament that currently plagues the Indian judicial system, i.e., an insurmountable backlog of over 300,000 cases, interim injunctions, instead of serving its purpose now merely serve as a clog in the judicial system.

In light of the above, I studied the relationship between judicial backlog and interim injunctions, culminating in a phenomenon that has acquired the term ‘mini-trials’- where the court conducts a thorough examination of the merits of the case at the interim stage so as to dispose the matter. A similar situation existed in England in the 1960’s and 70s, and I sought to examine the lessons learnt from that experience and the viability and desirability of mini trials in tackling judicial backlog in India. As part of my research, I studied every reported case on interim injunctions in India.

What is your opinion of the current proposals to reduce judicial backlog? From which country/countries should India draw inspiration to solve this issue? Why?

I believe that the solution to reducing case pendency is not to merely increase the number of judges but to bring about structural changes in the system. Unfortunately, most authorities, including the Law Commission, and lawyers stress on increasing the number of courts and judges to reduce case pendency.

We should be mindful and borrow from the American experience. A series of suggestions were made in 1959 in the United States to address the increasing case load. The reforms that made their way out of these suggestions were primarily aimed at increasing the number of courts and judicial officers. The result however, was contrary to what was expected. The records showed that the caseload actually increased subsequent to the implementation of the reforms. This consequence has been explained by the renowned American Judge Richard Posner who rightly argued in a landmark paper that “reforms” increasing the number of judges and courts would only have an ad hoc effect. While being initially effective, in the long run, realising the efficacy of the legal system, it would merely result in more litigation. To buttress his argument – he drew upon a rather unusual analogy – while initially a new highway would serve the purpose of easing out traffic, road conditions would in fact induce people who had previously used other modes of transportation, to switch to driving. This would only result in leading to greater congestion. In this light, merely increasing the number of judges or courts is not going to be enough to tackle the predicament plaguing India’s judicial system – one must also address institutional changes and the culture of litigation prevalent in the country.

The measures to reduce judicial backlog should also include the introduction of information and communication technology (ICT) support systems, developing online procedures for the filing of documents, notification of court dates, periodic reminders for submission of documents, service of documents via email and the like with an aim to have time bound litigation. A judge ought to decide cases and not allot dates. It is also important that we implement the procedure of costs following the event as provided in the CPC.

In the year 2010, you were awarded the “Rhodes Scholarship”. How much does one have to achieve in order to be awarded such an esteemed scholarship? How did the scholarship benefit your professional career?

The Rhodes Scholarship, unlike other scholarships, looks at the all round achievements of the individual based on criteria of academics, co-curriculars, leadership, social services and sports. In this sense, I believe that the Rhodes Scholarship is not just a scholarship to study in Oxford but a process and an experience. A process, in the sense that the very process of applying for the scholarship and meeting the various criteria helps one reflect on their life and achievements. An experience, because once you join Oxford, you are amidst a community of highly qualified achievers and even interacting with them is inspirational. I made some great friends amongst the other scholars. As regards my professional career, very few people in India and more particularly, the Bombay High Court were aware that I got the Rhodes so it didn’t matter.

What is the primary purpose of the site, Something About the Law?

(Aditya is currently the owner and author of the website, Something About the Law)

Something About the Law was a blog that was started by my classmate Arun Mohan and myself while at law school. We used to write on various public policy and social issues from time to time. The idea of the blog was not merely to spread awareness about certain legal issues but also to individually hone our respective writing skills. To this end, I think the blog greatly helped me critically analyse various legal issues. During our penultimate year at law school, we started the Socio-Legal debates – the idea being that we would get distinguished speakers to fly down to NALSAR and debate with each other on issues with the entire debate being streamed online. We secured sponsors for the events and enjoyed packed audiences.

Many a people in the legal practice are awestruck when they look at your long list of publications. Do you have any advice for any of our readers who might be interested in having their research papers and articles published?

Haha. I am quite perturbed by the fact that students rarely read full cases or books now a days. If any research needs to be done, one instantly looks at online databases rather than open an authority on the subject and read the entire chapter. In fact, I myself used to do this while at law school till I was told by senior lawyers and well-wishers to read full cases (not just paragraphs or head notes). The utility of opening a book and reading all that is written about an issue, including its theoretical underpinnings also acts as a revision and strengthens the foundations of the reader. On the other hand, merely searching for a point of law online lacks these aspects.

I believe this practice continues to help me in my research and understanding of the law and I would advise the readers to develop this habit, irrespective of whether they are interested in research and publications.

You have recently taken a break from practicing law to teach and pursue research. What made you take this break? What are you currently focusing your research on? What are your views on the topic?

I’ve taken a break primarily to strengthen my own foundations in commercial law, primarily contracts and commercial remedies. I am currently researching on the area of commercial remedies, i.e. injunctions, damages for breach of contracts, specific performance and trust based remedies (a largely ignored subject in India). One of the projects I’ve undertaken is to chart out a theory of damages in India. I’ve also taken a “break” to see if academia is my calling.

Would you like to share any views on the state of legal education in India?

There are a few disturbing aspects about the state of legal education and the profession in the country. Each of these stem from the fact that the legal profession in India is largely unorganised.

First, it is quite tragic that even though we have only about 15 National Law Schools and about 5 other good legal institutions (20 in total), we cannot get adequate faculty to teach in these law schools. I was quite disturbed to read online that students at HNLU Raipur and NLU Assam were constrained to protest because they didn’t have adequate faculty or facilities. What was even more disturbing is the report that students at NLU Ranchi were asked to write their end-semester exams without being taught the subject. This points to an alarming trend in legal education.

Second, and on a related note, not much is being done to attract talent into academia. A lot of students from national law schools are now pursuing LLMs, M.Phils and Ph.Ds. In fact, as of today, about 35 people from my batch of NALSAR itself have completed their Masters from reputable institutions. However, there is hardly any incentive, monetary or otherwise, for many of these students/alumni to get into academia. If one spends lakhs on their Masters, it is likely that they would need a job that can help pay off the loan. It should not then be expected that such person will join an institution that pays little.

Third, despite graduating from most of these law schools, it is hard for the students to get jobs. This stems from the fact that the legal sector in India is largely unorganised and it is still hard to make it within the system if you don’t have any support/backing. Any organisation only exists in the law firms where one can be said (though some believe it exists here too) to be recruited on the basis of their competence. However, the supply of graduates from the national law schools and other reputable institutions largely overshadows the demand at the law firms.

I believe that one of the advantages of a law degree is that there are many career options available to a lawyer after graduation. One may consider a career in litigation, law firms, corporates, human rights, the NGO sector, public policy, UPSC, the UN, journalism and the like. Legal institutions must capitalise on these advantages and help students diversify their career options after law school. At the same time, institutions like the Bar Council of India must strive to organise the profession in such a way that one isn’t disadvantaged because he or she doesn’t have a mentor or any backing in the profession.

Finally, what is your message for our readers, most of whom are college students?

The law school curriculum is structured in a way that exposes the student to many facets of the law. However, one notices that the moment a student joins law school, he or she is focused on joining a corporate firm, UPSC or the like. While it is good to be ambitious and have a plan, the student must not shut out his or her options. It is beneficial to be exposed to different areas of the law and then make a decision on what line to pursue. Students must also pursue research.
July 8, 2016
Ankita Ray, Senior Associate, Cyril Amarchand Mangaldas, on building a career in Corporate Law
Ankita Ray graduated from Symbiosis Law School in 2010. With excellent legal and soft skills, a profound love for the written word and a series of successful internships, after graduating she pursued a corporate law practice for a few years with J. Sagar Associates. She is now a Senior Associate in Cyril Amarchand Mangaldas.

In this interview, she shares her insights on:
- Interests and gravitating towards law and university life.
- Decisions in college – extra-curricular activities and maintaining a good academic record.
- Interning – how she chose her internships and the differential internship experiences in India and in Singapore.
- Working at Cyril Amarchand Mangaldas and the changes that being a senior associate brings.
How would you like to introduce yourself to our readers?

I am a senior associate with Cyril Amarchand Mangaldas, working out of their Mumbai office. I was in the Bangalore offices of Amarchand Mangaldas Suresh A. Shroff & Co. for a period of 2 years, before relocating to Mumbai. I started my professional life with JSA, Bangalore, after graduating from Symbiosis Law School in 2010.

Tell us about your life before you joined college. Where did your interests lie as school student?

My father’s transferable job took me across various cities and towns in India, and through 8 schools! This meant recreating a new social circle and inculcating aspects of new cultures every few years, if not months. I have always been interested in the written word and would probably have studied literature, if law had not happened. While in school, debating and mock parliaments were my favourite extra-curricular activities and I bagged a few laurels representing my school in various competitions. It is a plus that both these interests come in handy as a professional lawyer.

What made you gravitate towards law?

What made me gravitate towards law – this is an interesting one! I had the opportunity to be a part of the Indian contingent to the International Schools Olympiad held in Karachi, Pakistan, in 2004. Organised by The Telegraph in Schools, our journey to Karachi was much more than a competition, and was dubbed a peace mission: ‘Bonding Beyond Borders’. While I cannot say enough about the exhilarating experience that it was at various levels, this was the first time I had exposure to interesting discussions on various legal issues across borders, especially on international law. This piqued my interest in the legal field. Later that year, while deciding on which field to select for my graduate studies, I knew that I wanted to study law.

What extra-curricular activities did you participate in while in university? What do you think is the importance of moot competitions, mediation competitions and debates in aiding the overall development of a law student?

My approach towards engaging in any form of extra/co-curricular activity is geared towards expanding my limits and gaining new experiences. Given that, personally, I do not think one kind of activity can be more important than the other. However, it is best to take a shot at every possible opportunity before deciding what you would like to be regular at. Moots etc. are definitely helpful in getting your research and speaking skills in place or to evaluate yourself in those areas. While it is important to move out of your comfort zone, it is also important to try to understand what you identify with.

The first couple of years in college, I was into debating (and won the best team in debating in Mood Indigo and a Rotary Club debate). Thereafter, having interned in law firms by then, I realised the importance of having adequate drafting skills. Further, I realised I enjoyed the entire process of researching and putting it down on paper in the form of an article. I won the national first prize for an essay on cyber crimes, in a competition organised by Competition Success Review, in 2013 and a couple of articles also got published in Manupatra.

How important is a CGPA for recruiters to assess students? How did you maintain a balance between a good academic record at university and your extracurricular activities?

Let’s put it this way: for the purposes of campus recruitment, CGPA is one way for recruiters to shortlist from a large number of students. Also, if one intends to pursue a Masters degree, academic scores will be relevant. Any which way, it never hurts to keep your academic records in good shape.

It was not very difficult to maintain a balance between a good academic record and extracurricular activities! During our time at Symbiosis Law School, we did not have the concept of weekly assignments and exams (which have been introduced now), which made it a bit easier. However, like in everything, time management is essential – usually keeping a fixed time (even if it is half an hour a day) to devote to your extracurricular activities works well.

Tell us about your internship experiences. How did you choose your internships? How early did you apply? Are there any things that an applicant must keep in mind?

Initially, I wanted to test out as many avenues of the legal profession as possible, in order to make an informed decision on which one I would want to follow. Therefore, I interned with an NGO, a senior counsel in the Kolkata High Court, in the legal departments of Vodafone India and ICICI Bank and law firms, in that order. Post my first internship in a law firm (Khaitan & Co., Kolkata) I realised that I would like to work in a law firm environment. Hence, all my internships thereafter were in law firms.

I applied anywhere between 6 – 9 months in advance. Very often, during an internship, my reporting/mentoring lawyers were kind enough to either get me a follow on internship or refer me to other firms for internships, when requested. Similarly, seniors from college were a great help when it came to getting internships.

A couple of things that an applicant for internships must be careful about, even before actually joining an internship, is their application email (which should be without any grammatical or spelling errors and customised) and their resume (which should not be very long). Following up after sending an email requesting for an internship opportunity is another important matter.

You interned at reputed firms in India as well as a firm in Singapore. How was the internship experience different? What did you gain from the experience?

I was lucky to get an opportunity to experience the workings of a foreign law firm during my stint at Drew & Napier in Singapore, which added another dimension to the entire internship experience. The chance to examine the laws and experience the workings of the judicial process of a different jurisdiction was a fruitful experience. Meeting lawyers and co-interns from Singapore and other countries like Australia, France etc., having discussions on comparative aspects of laws from our respective countries was truly enriching.

You joined JSA after graduation. Tell us about your experience at the firm and the work profile you were entrusted with.

Like all firsts, my tenure at the Bangalore offices of JSA (where I began my career from), is memorable in many ways. I got an interesting mix of work there, ranging from technology law (this was in 2011, when the privacy rules were enforced) to transactional matters.

Since I hear a lot of complaints from juniors about doing due diligences, one thing I would specifically like to mention here is that in my first year of work, I also did a lot of due diligence exercises. Contrary to popular belief, due diligence exercises were a great learning experience since they exposed me to the entire gamut of laws that may be applicable and a range of different sectors.

You have now been made senior associate. How different is the work from being an associate and what challenges have you had to deal with since?

At the Senior Associate level, you need to be thorough with your field of law. You are expected to have ready answers which are legally sound and which can be implemented in practice. It is also essential to develop skills (both, legal and soft skills) to handle clients on your own and maintain an ongoing relationship with them.

In terms of work, there is a shift from taking the first crack at a document to reviewing a first draft worked upon by a junior. In this regard, there is also a role of mentorship that you play in your own small way.

Additionally, you are increasingly aware of the business side of law practice – invoicing and revenue generation, networking to generate more work etc.

Apart from corporate/commercial matters, you now handle a lot of labour and employment matters. Could you give our readers a glimpse into what the area deals with for those interested and the type of matters one may expect to deal with?

Previously, employment and labour laws were pertinent more from the perspective of protection of blue-collared workers. However, with increasing interest in India as a destination for foreign investment, finer issues in this field of law have arisen. Hence, employment law practice has now assumed greater significance, with many law firms recognising it as a separate, albeit upcoming practice area.

In terms of work, there are primarily four buckets one may consider: The first being employment advisory which covers complex issues of trade union strategy, high profile terminations, large scale downsizing and retrenchments in all sectors, sexual harassment complaints, as well as routine matters such as employee handbooks, appointment letters etc.

The second bucket of work is transactional – conducting human resources due diligence, employee movement, transfer of employee benefits, recognising employment related risks in different types of transactions, whether business transfer or share acquisitions.

The third bucket of work is contentious matters such as wrongful terminations, internal investigations, disciplinary procedures, sexual harassment complaints and includes representations before the labour commissioner.

The fourth bucket is compliance – where we conduct employment health checks for companies and assist in identifying risks and advice on best practices.

The practice of employment laws is interesting and challenging given the human element involved in every situation – no two people react in the same way and often each situation we advise on throws up different issues, which are often time sensitive and have to be dealt with. Therefore, it involves thinking on your feet, where you have to complement your legal knowledge with a practical approach towards the issue at hand. With regard to the kind of work one can expect, there are no two days which are similar! And that is what makes this practice area invigorating!

Finally, what advice would you have for our readers, most of whom are college going students?

While at law school, try to participate in as many activities as you can, be it moots, debates, mock parliaments. Also, I would emphasise doing as many internships as possible, because there is no alternative to gaining practical experience. However, do enjoy the college days!
July 5, 2016
Suhail Mathur, NLUD graduate, on writing a bestselling book and becoming a cricket commentator
Suhail Mathur graduated in law from National Law University, Delhi, batch of 2014. He is currently engaged with a reputable international law firm. He is also the author of the bestselling book The Bhairav Putras, and has been ranked as one of the top 50 Indian authors to follow.

In this interview, he talks to us about:
- His experience at NLU, Delhi and his decision to pursue law.
- His view on internships.
- His decision to write a book and the challenges he faced as a first time writer.
- His experience as a cricket commentator.
What prompted you to consider law as a viable career choice? If not law, what other options would you have considered for your career?

I wanted to become a film director. But film direction and other related courses all happen to be postgraduate degrees. So I was wondering what other avenues I could explore. During my school days, I was a member of the debating forum, and was extremely passionate about it. So I eventually realized that pursuing law would be the best course of action, as is provides adequate intellectual stimulation, keeps you on your toes and pushes you to keep thinking out of the box. Moreover, the fact that your victories or your losses were not yours alone but were also shared by your client was greater motivation to work harder.

Describe your experience at NLU, Delhi as an undergraduate law student. Any memorable incidents you would like to share?

My experience at NLU, Delhi was quite pleasant. We shared a fantastic rapport with our professors and seniors. I’m still in touch with most of them and we keep meeting from time to time. There were only two batches, and everyone knew each other by name. It was a closely knit community. There is a lot of activism now, which wasn’t the case during our time. The campus also possesses a greater degree of gender sensitivity now. The college atmosphere was better during our time.

What activities were you a part of in college?

I was heavily into debating. I participated in the Oxford format of debate, which was a rarity since most of the students participated in Parliamentary debates. I was perhaps the only one who debated in the Oxford style. I participated in 6-7 debating competitions, and I won all of them. Other than that, I would make short films and student films during my tenure whenever we had a session break. I wrote my bestselling book The Bhairav Putras during my time at law school. Since we had fewer classes in the 4th and 5th years, I could actively indulge in creative pursuits. In my 5th year, I also ventured into cricket commentary for Star Sports and Airtel’s mobile application.

How did you decide to write your first book The Bhairav Putras? What were the challenges you faced as a first-time writer?

On a lighter note, I always saw authors from IIMs and IITs writing books, and thought that it was high time that an NLU student also did the same. But to be really honest, you need to have the passion to write. Merely wanting to write doesn’t suffice; you need to be skilled as well. I had been in my school’s editorial board and I used to write and direct a lot of plays. There was a point when I was making short films and they were being circulated among friends and family. I realized that all that I was trying to do was tell a good story and if that story were told in the form of a book, it would reach a larger audience.

History and mythology are two things I am passionate about, and I was very clear that when I write a book, it should be a culmination of both. My book is predominantly a historical thriller with loads of adventure and a dash of mythology.

As far as challenges are concerned, the challenges are not in writing a book; they lie in finding a good publisher. When I wrote my book, I got eighteen contracts from publishing houses. Some of the publishing offices were asking me to pay to get published, and I was very clear that I wouldn’t do that. I would rather not have my work published at all than pay. Eventually, Red Ink Publishers came on board, they brought out the book with a huge print run, and the book did exceedingly well. The book is currently in its fourth edition, and it’s been the number one best seller on Amazon eight times and for sixty consecutive weeks it was on Amazon’s bestseller list.

How does one get their book published?

If you actually want to write a book, you should first go to a literary agent. When my book did very well I was invited to a lot of literary festivals, and I came to know that young authors weren’t being given their due by literary agents. Being an author myself, I wanted to change that. So I started the company, “The Book Bakers”, where we help authors get published and undertake editing, cover designing and marketing work for books. We currently deal with 45-50 publishing houses pan India which includes all the major publishing houses.

Recently, The Great Khali, the WWE wrestler, collaborated with us on his autobiography, which we placed on Penguin India. I love to work with first-time authors and have helped many of them.

Many times it happens that if you send out a book directly to a publisher, they may not read it with as much interest because they get thousands of scripts on a daily basis. But a script sent by an agent is better received since as they think it has passed a preliminary test of quality.

Also, we guys don’t send it to the editorial and submission IDs but to the personal IDs of the individuals looking at different genres of publishing, whether it’s literary fiction, commercial fiction or non-fiction. It becomes much more streamlined and straightforward, and also helps the aspiring authors. I am very accessible on Facebook, as well as on our e-mail ID which is thebookbakers@gmail.com. People are free to write to us and we are always willing to help them.

How did you manage the time to write a book?

The thing is that if you have the passion, zeal and dedication to pursue your interest, you will manage to do that. At no point did I write the book in class or in my hostel. I wrote the book only on weekends at home. I finished writing The Bhairav Putras within the 50-60 days that stretched over a year. You have to see how to find time for both the things because you don’t want your law school’s studies to suffer in this. You need to keep your passion and profession side by side, and that’s how you make a perfect mix.

One of the things I am quite saddened about is that in the legal sphere, the people at the top of the ladder are quite narrow-minded in their conceptualization of a lawyer. On various occasions, they ask me why I wish to continue with law now that I am a successful author. But what these guys fail to understand is that they are undermining themselves in the process. They are undermining the ability of a lawyer to engage in multitasking. You could be a top corporate lawyer, a good writer, and also a successful literary agent. When people in other occupations and professions can be writers in their concerned fields successfully, I don’t see why lawyers can’t, and that mentality needs to change.

How was your experience when you were interviewed by various news channels? Do you have a PR agent? How did you ensure good publicity for your book?

In India it was a great thing that a law student was debuting with mythological and historical fiction. So the response that I got was splendid. The very famous legal magazine Lex Witness partnered with us as our official legal magazine partners, for which we thanked them in the trailer and the book. They covered me in three of their issues, including a preview, interview, and a review. The prominent online portal Infibeam was my official online partner, and we had a very successful outing with them too. People showed a lot of encouragement in that aspect.

I received endorsement blurbs from several known personalities as well. Ajit Agarkar has been my favourite cricketer and I got in touch with his wife, Mrs. Fatema Agarkar and she was very sweet. She got me in touch with Ajit and he wrote an endorsement blurb for my book. My college Vice Chancellor, Professor Ranbir Singh, Professor Sucheta Mahajan, Mr. Amrit Mathur, Mr. Mayank Austen Soofi, and many more wrote endorsement blurbs for my book, which meant a lot to me as a first time writer.

To ensure good publicity for your book you must, foremost, have a good product with you. Then you need to sell that product. If you are making a good product and not selling it well in the market, then nobody is going to know about it. It was important for the people in the legal field to know what a student of law was capable of doing, because not only did that promote me, but also my college. The first batch had not yet graduated from my college at the time and therefore garnering positive publicity for my alma mater was important to me. It reflects well on my college’s credentials as well as mine.

The Book Bakers has actually revolutionized the entire system of marketing and PR these days. Most of the PR was earlier confined to social media. Now we have tied up with television channels and radio stations, cinemas, metros, newspapers and magazines, and that’s the kind of PR we are willing to give to our authors and other authors who may want to market their book. Seeing a book trailer on a TV channel is unprecedented, and if people want to do that, we are giving them that opportunity. It’s very important to stand at the place where you are, and have a vision for the future. One must set targets for oneself; think about where they want to see themselves five-ten years down the line and work towards that goal.

How did you become a cricket commentator for Star Sports and Airtel’s mobile application? Being a lawyer why did you decide to become a cricket commentator?

Cricket has always been a passion and I always loved watching the game. When I was in the 4th standard I was invited by Indian coach, Mr. Anshuman Gaekwad, to meet the entire team because he was very impressed with my knowledge of the sport. Back then I wanted to write a book on cricketers, describing their personal likes, and get an insider’s view of their lives. I actually met the Indian team on the first day of the Delhi Test match in which Anil Kumble took ten wickets. Mr. Gaekwad sent Mr. VVS Laxman along with me to meet every cricketer and gave me an India cap for my cricket knowledge. I went on a cricket show called “Stumped” and was later invited by Mr. Harsha Bhogle for an hour long chat. And all of this happened when I was just nine years old! Mr. Sunil Gavaskar, who also shares the same date of birth as mine, 10th July, sent a hand written birthday wish to me. People really encouraged me at that point in time, and so the interest was always there. I always used to do commentary at home for fun whenever a match was on, and finally, Mr. Raman Bhanot and his organization, which ties up with the Star Sports and Airtel, provided me with an apt opportunity. Whenever there was a match, I used to do cricket commentary and covered the Ashes, India’s tours to South Africa, New Zealand, the Asia Cup and IPL. It was a great experience and I cherish that a lot and had it not been for my law firm job, I would have continued with this for a longer period of time.

Is it crucial to participate in various competitive activities in a law school? What was your experience in this regard?

It’s good to take part in moot courts, debates, and other co-curricular activities as it helps in building self-confidence. The ground reality at law firms is that they do concentrate on a person’s marks more than anything else. It’s disappointing because it’s necessary for lawyers to have a well-rounded personality. The change needs to start from the law firms’ end, in the way they recruit and filter candidates, rather than the students’ end, because law students are doing wonderfully well in their student life.

You chose to work at a top law firm. Why not litigation? How did you prepare for your interviews?

I have always wanted to work for a law firm. Litigation never interested me much. All my internships with law firms have been challenging and rewarding in equal measure. They were great learning curves. I knew that I wanted to eventually work at a law firm and my time interning with some of them just bolstered my conviction further.

When you are going for an interview you need to know the basics. But what do the basics encompass? Do you consider contract law, criminal law and CPC? There is no definition of what the basics comprise. It is not possible to remember everything about the law and asking the candidates vague questions is unfair. Students are taught the rudiments in their first year but it is impossible to assimilate and retain that information throughout your graduation. There need to be better defined parameters when law firms are testing potential candidates.

I am generally high on my confidence and possess the ability to convince people. I really worked hard at my internships as well. I had certain achievements under my belt, and I had also worked at the firm and done well as an intern, so there was no reason why I can’t do the same once I actually joined the firm. These are the things you really need to play on. You need to play on your strengths and these were my strengths. Some people sit down and go through each and every book of law and make themselves perfect so that they face no issue while answering questions at interviews.

The law firms need to select based on the person’s personality and their ability to interpret the law effectively. I hadn’t done any extensive reading right before my interviews, but just played on my strengths with confidence.

How was your experience as a junior lawyer in a law firm? Did you acquire any important skills while working there?

I had a great time working there. It is a challenging role to work in a law firm. The idea is to work as much as you can. If there is no work, you begin to stagnate and that’s not a very good thing. If you are getting an opportunity to work, you should take it up, and that’s how you learn more. Also, you will create a good impression in the firm. There is a world of difference between when you are interning and when you are working as a lawyer. As an intern, you are supposed to give out information to the lawyer, but as a lawyer, you are supposed to interpret that information given. So what I learnt was how to interact with the clients when we went for discussions, and how we must convince them.

What are your views on the desirability of foreign law firms entering the Indian market?

There are so many law firms abroad and they have been waiting for so many years to enter the Indian market. I just want to tell Indian law firms that if you believe in yourself, let foreign competition come in. You already have a head start in terms of your presence in the country and knowing its laws. The international firms would of course be hiring Indian lawyers but they are the ones who are at a disadvantage because they are entering a new field while the Indian law firms are the established players. So why not help many more law aspirants secure good jobs. I always feel a little saddened when I see a law student not getting placed. There were some very talented people in my batch who couldn’t make the cut, and I felt very bad. When you have made it to a National Law University or a reputed law school, then that should be reason enough for people to trust you and your ability. It’s actually a wrong mindset to continuously prevent foreign law firms from entering the market. If there is globalisation happening all over the world, then why not let foreign players come over here as well!

Do you think having family members or mentors with a legal background helps in this profession?

I don’t have anyone in my immediate family who is in the legal industry. I don’t see my lineage as a shortcoming. If there are no lawyers before me, why not be the first one in the family! I don’t consider it to be a disadvantage or a disadvantage. From college, we gave our interviews and came through the hard way. But the process is probably simpler for students with lawyers in their families because they have contacts. I see a lot of lawyers get ahead in their jobs because their parents are partners at the firm.

What would be your message to our readers?

You must have set goals and have the ability to complete them but everything isn’t as rosy as it seems. At law school, everyone will tell you to do great internships in order to secure a job. But this isn’t a foolproof plan. One needs to be realistic and only then can one tackle the challenges in this profession better. Also continue with your creative pursuits and don’t limit yourself as a lawyer. There is certainly more to a lawyer than what law firms would tend to make out of them. I balanced my legal work, agency work and my writing and if you divide the time you can achieve success. I have recently signed a three book deal with Om Books International, a noted Indian book store chain which operates abroad as well . If you are passionate about something then the legal work can co-exist with other creative pursuits. Never give up hope, but be realistic too. People will tell you a lot of things and at the end of the day, I believe it is your luck that is going to take you places more than merit. If it was based on merit alone, then a lot of people who are deserving would have got the opportunities they didn’t get. I feel that I was deserving as well as lucky, and am thankful to God for the same.
July 4, 2016
Vishavjeet Chaudhary, Assistant Professor, Jindal Global Law School and Barrister (Inner Temple) on LL.M from Cambridge and academic research
Vishavjeet Chaudhary graduated in law from University of Kent, Canterbury in 2011 and was called to the Bar in 2012. He went on to complete his Masters’ degree from University of Cambridge in 2013. During his time there, he pursued Criminal Justice, Philosophy of Criminal Law, History of Civil and Criminal Law, and Jurisprudence. Aside from his legal career, he is interested in Human Rights and their protection, poverty alleviation, Social Services, and Economic Empowerment.

He is a Barrister (Inner Temple) and is currently working as an Assistant Professor at O.P. Jindal Global University’s Jindal Global Law School where he is also the Assistant Director of the Centre for Penology, Criminal Justice and Police Studies.

In this interview, Vishavjeet talks about: –
- What made him pursue a legal career;
- His experience while studying in the UK;
- His focus on pro-bono and Human Rights related work;
- The importance of Public Speaking; and
- The difference between the UK and India with respect to legal systems.
How would you like to introduce yourself to our readers?

I am a Barrister, currently working as an Assistant Professor. My areas of interest are criminal law, constitutional law and human rights. I am also a very keen traveller, horse rider and agriculturist!

What made you get into the legal practice?

I knew that I wanted to be a lawyer when I was five years old! It partly ran in the family but my decision was not influenced by that in the slightest. Other than the odd (I have been into full time agriculture for some time!), this resolve has been unwavering. I think one can make a genuine difference in this profession as law is something that touches everyone’s life in one way or the other. Second, this profession allows me to pursue my interests- intellectual endeavours, public speaking and interacting with a wide variety of people. Third, the independence of this area really attracted me.

What inspired you to pursue your LL.M at University of Cambridge?

I chose my undergraduate university based on how liberal it was. The university allowed for tremendously wide multidisciplinary studies. A lot of my tutors there very kindly encouraged me to pursue Masters in Cambridge to gain deeper understanding of the law. Most of my courses were either in jurisprudence, history or crime.

What made you focus primarily on Criminal Law?

I find criminal law fascinating- this is an area where all facets of human social interaction are at play. It is also an area that studies the depths of human emotions- passions, insecurities (no pun), deceit and weakness. Human Rights play a pivotal role as well. As I was interested in all these areas, I focused on criminal law.

While at University, what co-curricular and extra-curricular activities, if any, did you partake in?

I gave everything a shot – from debating and mooting to Polo and American Football!

How did they benefit your performance at University, academic or otherwise?

Intellectual activities like debating helped me in organising my thoughts, developing public speaking skills and communicating my point in a clear and persuasive manner. Sports and other activities helped me in relaxing and letting off steam. Both were also great ways to socialise and get a well-rounded education.

What does your work for the Centre for Penology, Criminal Justice and Police Studies entail? What purpose does this Centre serve?

(Vishavjeet is currently serving as the Assistant Director of the Centre for Penology, Criminal Justice and Police Studies at the prestigious Jindal Global Law School)

The CPCJPS offers cutting edge inter-disciplinary research in the areas such as victim protection, reparation, juvenile justice, police reforms, technically sound training in human rights complaint law enforcement and investigation. Our aim is to encourage dialogue between different players of the criminal justice system to contribute to this area.

What made you get interested in Human RIghts? What is the importance of pro-bono work?

(Vishavjeet has shown keen interest in protection of Human Rights, Social Services and pro-bono work since his University days)

I feel a big part of human life is to help. I do not say there is anything heroic about that- someone has to do it! I also find it intensely satisfying and enriching to be able to make a difference. There are few things half as rewarding as putting your knowledge to good use for betterment, no matter how small the change!

How is the role of a Barrister any different from that of an advocate in Indian Courts?

I was called to the Bar by the Inner Temple. England and Wales have a dual system- a distinction between Barristers and Solicitors. To crudely put it and to crunch centuries of history – Barristers do more advocacy and solicitors do more paper-work, conveyancing, etc.

What inspirations can the Indian justice system draw from that followed in UK?

Our Justice System is excellent considering everyday challenges. We do however need to urgently address issues like delays, transparency and the occasional malpractice if the system is to enjoy legitimacy and authority. All sections- judges, lawyers, the civil society- all of us need to put our heads together and work out solutions that are sustainable.

How important are activities like Public Speaking and Debating for a law student?

(During his time at Kent, Vishavjeet was the Vice – President and the Co- Founder of the Kent Debating Society. Further, he was a member of the Speakers’ Committee at Cambridge and has always stressed on the importance of public speaking)

Exceptionally important I think. The perception is that if you do not want to get into litigation, you do not necessarily need to train as a public speaker. Public speaking regardless helps in developing wit, confidence, succinctness, persuasive knack and the ability to think on your feet. I feel that these are essential skills for a lawyer, irrespective of the area of practice. There certainly are other ways to develop these, but public speaking is definitely one of the best!

What got you interested in interdisciplinary studies with respect to law? How do you intend on connecting the various disciplines?

(One of Vishavjeet’s primary interests is appreciating law as an interdisciplinary subject by relating it to other disciplines like Philosphy, Literature and History)

I feel we should not approach law as an overly technical subject. Borrowing from other areas like literature and philosophy helps tremendously in broadening horizons and innovating. It is great to break the drudgery sometimes as well!

From your experience of teaching, what would you like to say about the newer generations of law students? How would you say their education and way of life differs from yours as a student?

The similarities are striking! Students today have more access (and more distractions) depending on how you use the internet, ‘applications’ and the like. I also feel they make more calculated and informed choices now.

Finally, what would be your message to our readers?

Please ensure you are making the best of each day right from day one. Time flies in college! Do talk to as many people as you possibly can, try as many new things as you can and have fun! Learn the basics of law and principles behind it to create strong foundations. Some degree of stress is inevitable, but do not overly stress and remember to enjoy college life! Good luck!
July 3, 2016
Kanishk Agarwal, Founder, CriTaxCorp on starting out a criminal law practice and legal entrepreneurship
Kanishk Agarwal studied at Vivekananda Institute of Professional Studies (VIPS), New Delhi and graduated in the year 2009. He then began his career under Mr. Ashok Batra, and subsequently moved on to PricewaterhouseCoopers India. However, his interest in Criminal Law drove him to establish his own firm, CriTaxCorp. Kanishk is also the creator of the Indian Bare Acts Pack app.

In this interview, he discusses
- His career trajectory and the reasons for starting his own firm
- The development story of the Indian Bare Acts Pack app
- How to enter a practice of one’s choice for students
- How to maintain a work-life balance and why it is imperative
How would you like to introduce yourself to our readers?

I think the term ‘legapreneur‘ best describes me, which basically is ‘legal entrepreneur’, because I like exploring entrepreneurial qualities in the legal industry. Post my graduation I wanted to work in Criminal law, but instead started working with Service Tax law expert Mr. Ashok Batra who is a Chartered Accountant and the author of books on the subject. What drove me into this field was a practical family decision as my father is a Chartered Accountant and he wanted me to follow his lead in taxation laws. I worked with one of the ‘Big 4’ consulting firms in the world, Pricewaterhouse Coopers for about 18 months, but my love for Criminal law never faded and so and after gaining substantial experience in Taxation law, I started working under the flagship of Senior Advocate Mr. Ramesh Gupta (Delhi High Court) and thereafter I worked in the chamber of Mr. Subhash Gulati. Finally I started my own practice in 2013 by the name of CriTaxCorp after I believed that I had gained enough experience to set up my own law firm. The name of the law firm was put up very strategically to cover the three fields of law I gained my exposure in i.e. Criminal, Taxation and Corporate.

What would you like to share with our readers about your time spent at VIPS both within and beyond the classroom? How did the city itself play a part in your legal education?

Looking back, college times seems so distant yet I can remember it vividly. I have learned a lot from my college life, as I was a very shy boy in my school days, and so got a lot of exposure in my college life. I had always been an average student but was an active volunteer in organizing moots, debates, college events and the best was, organizing the college trip for three consecutive years where I had the nightmare of handling 300 law students. However, the exposure was surely a blessing in disguise. Being a Delhiite was always an advantage, but I never got a change from the city to face different cultures. However Delhi has given me great exposure from internships to working under great members of the senior legal fraternity.

How did your interactions with your peers influence your growth as a law student and a general individual? Did networking and peer mentorship play a big part in defining your student identity?

I had a good relationship with a few of my seniors and we were a combination of notorious and sincere pupils. I still remember asking for help with books or notes late at night, or for any other help regarding sorting out a tiff with any student or taking suggestions for my internship plans, and they were always very helpful and I definitely got great help. Once they graduated from college, I got to know about their experiences in independent practices or in law firms and they helped me reach where I am today, owning a firm myself. I always feel pleasure in helping juniors from my college who are worthy by providing them with internships under my tutelage and exposure to a variety of laws.

During your time spent there, what, if any, extra-curricular or co-curricular activities did you take up? How did the same affect your learning experience and prepare you for the legal sector?

It is true, college life is a golden period in one’s life. I was always very interactive with teachers and was an active participant in college activities like dancing, organising fests, college trips etc. Being involved in extra-curricular activities really helped me at large because I learned the tricks of management, organising, diplomacy and living up to my responsibilities. It really sharpened my skills to understand human behaviour and their reactions to different things, which a good lawyer must know, as reading a client or witness is half of the lawyer’s work.

What would you describe your first experience as an associate at A.K. Batra as, and how did the same affect your career trajectory?

I opted for Service Tax mainly on account of my father being a Chartered Accountant. It was a practical decision made by me to work with Mr. A.K Batra, and it was a great learning process as he provides a lot of exposure to the lawyers and CA’s working with him. He is still a great mentor and I know I can reach out to him whenever I hit the wall in Service Tax query.

What prompted your shift to PwC India in 2010?

Anyone and everyone who works in the field of Taxation law has this desire to work with a ‘Big 4’ firm, be it a lawyer or a CA. I am glad I took the step to join PwC as it exposed to me how the real big corporates work, their billing structure, their culture etc. I left PwC because of my love for Criminal law and since I wanted to make an identity of my own. I met some great people who are partners in the firm and still encourage me towards my achievements. It was a good learning experience.

As the founder of CriTaxCorp, what were the initial challenges you faced as a legal start up in India? What was your competing strategy for taking on larger firms?

CriTaxCorp started with a rough patch, as we worked towards targeting different sectors where nobody had worked. The “Aha!” moment was when I got a client form the Bitcoin (the digital currency) industry and I got a chance to understand the block chain of digital industry. Thereafter I did some exciting work in online poker regulations, logistic companies, start-up ecosystem etc., and getting into these fields really triggered me to go forward.

What would you define as your firm’s unique selling proposition?

While dealing with a matter in Criminal, Taxation or Corporate laws, we combine the knowledge from all major verticals of law. Providing exactly what the client requires is one of our mottos, and we believe in understanding the business of our client more than the client does so that we can deliver our best. This also sharpen our skills to dig deep and helps us understand the core issues of any industry. CriTaxCorp believe in one principle that a professional grows when his client grows.

Among your other accolades, what inspired the creation of Indian Bare Acts Pack? What were the challenges faced in creating and establishing the same?

When I got to know about certain Bare Act Apps available for lawyers I was really amused and amazed at how technology is easing the pain of people at large. However, when I downloaded certain existing legal Bare Acts Apps on one of my senior’s tablet, I got a good thrashing from him as they were not updated since 2008 and reading outdated law is the last thing a lawyer wants to do. So, it got me thinking and I wanted to do something for the legal fraternity, as it has taught me so much. So I decided to put my money where my thought was and I ideated ‘Indian Bare Acts Pack’ mobile application so as to help lawyers. The app has 4 major Acts which are like the bible for any lawyer. CrPC, IPC, Evidence Act and CPC and I also included Service Tax law as I used to work in that field. Making the app was not an easy task, as I had to review the designs, see the working of the app, and pay for doing work. I created around 2800 word files which were formatted, indented and checked word by word by me. I was really overwhelmed when I was informed that the Delhi High Court Bar Association would like to unveil this app in a function which was organised for judges of the Supreme Court and High Courts.

What just started as a gesture to give back to the legal fraternity has turned out to be the best app in the Bare Acts category reaching to nearly 1,00,000 lawyers. On the request and review of many lawyers, judges, CA’s and law students we are taking it forward and will come up with an updated version with some great features which will be of use to everyone, from law students to respected judges.

The readers may also like our Facebook page “Indian Bare Acts Pack” to be updated about new features and updates on the app.

Lastly, yes there were many sleepless nights spent in making this app. I remember that when I got the news that my App was going to be launched, by DHCBA in a function organised to facilitate High Court and Supreme Court Judges, in a matter of 2 days, in those two nights I made nearly 2000+ word files and coordinated with the developer to complete the App on time. It was devastating but it was all worth it!

What are your views on the current generation of law students and would you say the approach to education has changed since your college days?

I feel that this generation is full of talent and they are impulsive as well. (Laughingly)As I belong to this generation as well, I will say that this generation is not scared of hard work but they expect prompt success. They must understand that the first five years after graduation could be difficult and full of struggle but once when they get polished they will eventually grow and succeed. One should understand that it is not required to run behind alluring packages. Once they gain all practical knowledge and have a command over the law, money will chase them automatically. I also believe that year by year the concept of a teacher and pupil is also fading, which is something I really hold dear to my heart.

To our younger audience looking to get into Corporate or Taxation oriented fields, what advice would you give them for breaking into the field?

The best thing to do is opt for as many internships as they can to get a better understanding and gain practical knowledge, Firstly, they should understand the whole concept of a subject matter, for eg. Taxation is a subject which is either really liked or totally disliked by lawyers, so one needs to understand and explore to see if they have interest in it or not. Also, one should pick one taxation subject at a time because trying to understand all of them in internship period will only confuse them. Secondly, as for Corporate, it is very wide field which ranges from drafting of agreements to regulatory compliances to transaction advisory. It is a field which requires round-the-clock–work, with alluring packages, so one need to understand exactly what they want with respect to work-life balance or money. Corporate law firms have a deadline bomb which is always ticking and the stakes being high, one cannot afford to miss any deadline. I would like to end this question by saying that legal practices are like delicacies you need to get the taste of each of them until you know which one suits your taste buds.

In the midst of founding a law firm and creating apps for the legal community, how much of your personal life have you had to compromise on, if at all?

Earlier it was hectic and as I am a workaholic, I have worked round–the-clock on my application. Whenever I get time I read articles for better understanding of technology, but I have adapted all this as a hobby and so it is not a burden. I believe that if things are planned and one knows how to manage time, they can easily coordinate their personal and professional life. I always go out with my family and friends once in two weeks, otherwise what is the fun of being the founder of your own firm and earning well if you can’t have your own time out and spend what you earn. However, one needs to prioritize their practice of law, interest and goal with their time in order to follow a focussed path to their success. I am still experimenting to know the ultimate path, but that is the fun, provided you balance the fun with focus, risk and passion.

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

I would suggest that they do as many internships as they can in various fields and they must always grind and hustle to get more and more work from their seniors. The exposure they get in internships will help them see the career path they want to choose. Also, I would suggest that since everyone is so engrossed in social media and their mobiles these days, every student should like some of the law news Facebook pages and read some of the important news or judgments that they post. I am trying to do something to solve this for our fellow law students though my app, so let’s see. I would suggest that every lawyer must watch American television series such as Suits, Boston Legal or any other series that relates to law, as I myself have learned a lot from these and imbibed some of the things I have learnt from these shows into my practice.

They must strengthen their core subjects such as CPC, CrPC, IPC, Evidence Act etc. as these will be used at all times in your practice. Lastly, it is the best time of their life so they should have fun, rough it out and learn from their mistakes.

In your opinion, what is the role of technology in law and how can students best utilise technology without looking at it as a substitute for hard work?

Being a technology enthusiast and founder of a technology based start-up I believe that everyone is embracing technology in one form or another. Technology companies such as manupatra or indiankanoon.com has eased the life of lawyers when it comes to browsing through judgments relevant to a case. I have received numerous mails from law students and court staff saying that my application has really helped them many times. Recently, one of the biggest law firms in the US named Baker & Hostetler licensed a software from IBM which is an artificial intelligence software to help law firms in bankruptcy and due diligence, so you can imagine how technology is playing a role in law firms. Also, being a legapreneur I get intrigued by mushrooming legal start-ups these days. To sum it up, technology is playing a significant role in our life and increasingly being adapted in our profession, so one should start embracing it.

What is your view on these legal start-ups and will it create a new area of law for law students to look into?

Yes, the start-up ecosystem is witnessing various new law related start-ups and some of them have got funding upto an amount of USD $500,000. However, the start-up eco system in general is witnessing a downtrend with investment/funding transaction dropping nearly 30-50% from last year. I hope all these new legal start-ups pave their way into the start-up ecosystem and a new unicorn is born in law start-ups. (Laughingly) I hope IBAP makes its name too!!

As for start-ups creating a new line for law students, it purely depends on the interests of the law student and whether he/she gets intrigued by the vision of that start-up or not, because one setback is that start-ups mushrooms rapidly but most of them close rapidly as well, but yes it’s a new era of legal development and opportunities for upcoming law students.
July 2, 2016
Utsav Gandhi, Associate, Fox Mandal, on 1st year at a law firm and graduating from Nirma University
Utsav Gandhi graduated from the Institute of Law, Nirma University in 2014. He has participated in many reputed International and National Law Moots and has headed various committees. During his time in college he made sure to get his hands on everything college had to offer. He is currently working in the corporate and real estate law team at Fox Mandal, Ahmedabad and wishes to keep exploring the field and continue the cycle of learning.

In this interview he talks to us about:
- His decision of choosing ILNU and the college’s contribution in his career.
- His views on Moots and other activities in augmenting a CV.
- His work and experience at Fox Mandal.
- His views and suggestions on starting a successful legal career.
How would you like to be known to our readers, most of whom are the law aspirants?

I am a corporate lawyer based in Ahmedabad and a graduate of the 2014 batch of Institute of Law, Nirma University. Also, I am a first generation lawyer in my family. Initially I thought of studying engineering, but when I started going for the engineering coaching classes the subjects did not capture my interest. While looking at other options I came across law and I immediately took a liking to subjects such as tort law, civil law and criminal law, that I came across while studying for the law entrance exam.

What specific goals, other than those related to your current line of business, have you established for yourself for the upcoming years?

None of my plans are set in stone. However, in the coming years I would like to grow as a legal professional and tackle new challenges over time. Further, I would also like to assume a position of leadership and develop expertise in a particular area of law. On a personal front, I was an avid trekker in school and that is something that I would like to proactively pursue as a hobby in the near future.

What led you choose your college or university?

When I joined ILNU it was relatively new, with the first batch students still in their 5th year. However, Nirma had a very good reputation for having excellent faculty with amazing infrastructure. In fact the Nirma University campus has to be one of the best in India. Also, when I went through the prospectus, it immediately piqued my interest since the course structure was unique, wherein a student could pursue a specialisation (Hons.) in either Criminal, Corporate, Constitutional or IPR Law. Thus, I believed that joining ILNU would help me immensely in building my career as a legal professional.

How do you see your university and education and experience it imparted as being helpful in preparing you for a corporate career?

I would credit the teachers at ILNU for being extremely diligent and focused on teaching the students about the basics of law. Further, I was also given the opportunity to explore many extra-curricular activities such as debating, MUNing and of course, mooting.

Further the curriculum at ILNU was quite rigorous, with term assignments and exams always keeping me on my toes. This helped me greatly in improving my time management skills and also helped me to work under pressure, s so ILNU through 5 years of college, prepared me for the corporate life.

Tell us about the activities you participated in while at university that helped boosting your progress?

I participated in everything that I could get my hands on. I have participated in many international moot courts which have greatly improved my research and communication skills. In fact, mooting was the best thing about college as it also taught me how to work in a team. Further, I also tried my hand at debating and MUNing which helped me in public speaking. Apart from this, I have been part of the ILNU’s Campus Recruitment Committee and Literary Committee, which imbibed in me, the leadership skills, which are invaluable for any lawyer and something that every lawyer should possess.

Also, I have presented papers at various international as well as national conferences and have got some of them published as well. This gave me the opportunity to extensively research on upcoming areas of law and have now helped me in my career. For example, I presented a paper on Corporate Social Responsibility, which back then was only an evolving concept and there was no legislation on the same. However, my research encompassed various jurisdictions and consequently, set up a strong base for me in that subject. Now, CSR has become a major area of interest/concern in the industry, and it has become extremely easy for me to advise the clients on the same.

With regard to the internships, I kept an open mind before deciding on a particular area of law. I had not decided to choose corporate law as a career since the beginning. The various internship experiences I did helped me choose a definite career path. Thus, during my early years at ILNU I decided to intern with Nanavati Associates (District Court, Gujarat), Adv. Devang Nanavati (High Court of Gujarat) and Krishna and Saurastri Associates (IPR). Finally, it was when I interned at Phoenix Legal and Trilegal that I decided pursue a career in corporate law.

Further, I have also completed various courses such as the Thomson Reuters’ Legal Advancement Programme (in my second year) and a diploma course on Entrepreneurship Administration & Business Laws jointly offered by NUJS and iPleaders. These courses helped me improve my knowledge base and have also played a major role in helping me to ace my interview with Fox & Mandal.

Share with us your working experience as an Associate at Fox Mandal, India’s oldest law firm.

I have been working on corporate and real estate law matters at the Ahmedabad office of Fox & Mandal for the past 2 years. My work profile mainly comprises of transactional and advisory work in the area of general commercial laws and drafting due diligence reports and advisory opinions on real estate law.

Fox & Mandal is a huge law firm with over 200 lawyers across India and all the offices regularly connect with the each other. Therefore, I have had the opportunity to interact and work with some of the brightest minds and experts in their fields of law. Further, since the Ahmedabad office is relatively new I have also had the opportunity to network with potential clients across various industries in Gujarat. I believe that no other big law firm would have provided me with this opportunity and I am sincerely grateful to Fox & Mandal, as I believe that this will always be of an immense help to me.

Would you like to share with us any of your accomplishments before or after joining the Law School or even after your placements?

The first moot that I went to was the GNLU International Moot Court Competition, where our team won the 2nd Best Memorial Award. Later on, we were the first team from ILNU to get selected for the prestigious D.M. Harish Memorial International Moot Court Competition through the Memorial Round. I was also awarded a gold medal by ILNU in recognition for my moot court achievements.

Further, I have also won an essay competition which was then consequently published in a book titled “Right to Development – Views and Issues”. I also pursued an online internship with Alexis Society (an organisation dealing with issues relating to youth empowerment), where I was adjudged the Best Intern and I had primarily worked on the research topic of Global internet freedom.

At present, I am also closely working with Adhrit Foundation as an Editor and an Internship Coordinator. My priority tasks with Adhrit include Editorial Work, Content Development and Talent Development. This role has provided me with the opportunity to mentor many law students who have just begun their law school journey.

Having seen the dynamic evolution in various facets of law, how did you manage to seize any opportunity that knocked your door?

One has to really be on their toes and it is very important to keep a lookout for any new opportunity. The best resource for this is of course the internet, which is a multitude of vast information. However, in order to stand apart from my peers, I always chose to do something new and take risks and I give a 100% to whatever I am doing.

Also, I always keep myself updated with the latest developments in the legal field and immediately prepare concise notes for the clients on the upcoming areas of law which are going to have a big impact on the industry. After joining Fox & Mandal, I have also assisted in organising various conferences and workshops with the latest one being a Workshop on Sexual Harassment of Women at Workplace. Further, I have also delivered a lecture at Apollo Hospital, Ahmedabad on the medico-legal issues that healthcare professionals face. This has helped me in understanding the industry issues and consequently, helped me in addressing their various concerns too.

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

I believe that a law student should focus on his academics to ensure that the basic concepts are clear since that is the first thing that the recruiters will look at while short listing a candidate. However, one does not need to be a topper to get a good job. The important thing is that the CV should be well-rounded. Also, I would advise the current crop of law students to moot extensively, irrespective of whether they’re choosing litigation or a corporate law career. Mooting develops ones research and communication abilities to a great extent. Further, other extracurricular activities such as debating and presenting papers at various conferences also helps in developing presentation and research skills.

In the end, what would you like to communicate to the fresh graduates who are ready to set foot in the law firm?

Keep an open mind and work on as many areas of law as possible and always interact with everyone across the board, be it an Associate or the senior management. Further, the field of law is dynamic and ever changing, hence, one has to stay abreast with the latest developments and preferably conduct a thorough research on topics which may have a huge impact in the future. Also, ones aim during the first couple of years at a law firm should be to accumulate knowledge on all the aspects of law and not confine themselves to a particular area from the beginning.

This interview was taken by: Kadambari Tripathi, Student at Institute of Law, Nirma University, Ahmedabad
July 1, 2016
Manas Agarwal, Scale-1 Officer, Karnataka Bank on cracking the Institute of Banking Personnel Selection (IBPS) and the interview rounds
Manas Agarwal graduated in the year 2014 from School of Law, Christ University, Bangalore. Immediately upon graduation, he joined Accenture Pvt. Ltd. as a Contract Associate, before appearing for the Institute of Banking Personnel Selection (IBPS) and being selected as a Scale-1 Officer (Law) for Karnataka Bank.

He holds a Diploma in Business and Legal Studies, apart from having completed a general course on IPR laws conducted by WIPO. He has to his credit many awards ranging from debating to moot courts. In this interview he discusses:
- The benefit he accrued from studying in a private university with many departments.
- The IBPS examination and how he cleared it
- His tips to ace the interview rounds after a selection process
- The importance of a helpful mentor in a lawyer’s formative years.
How would you like to introduce yourself to our readers?

Hey! This is Manas Agarwal. I prefer to introduce myself as a lawyer falling under the ‘Non-Nerd’ category. I graduated from School of Law, Christ University, Bangalore. I am currently working as Scale-1 Officer (Law) for Karnataka Bank.

Was studying law your dream career? What motivated you to take up this field?

In all honesty, it was a dream career which I started dreaming of after class 10th. I remember that day when I was sitting on the stairs of my boarding school (Wynberg-Allen School, Mussoorie), staring at the lush green hills under the monsoon clouds and thinking aboutwhat to do with my life. That is when I asked Mr. Tindale (the Principal) who was standing next to me– “Is it a cool thing to be a lawyer?” His ‘Whoa! Attaboy’ expressions followed by a detailed explanation motivated me to take up this field with the never ending support of my parents.

Tell us a little about your time at School of Law, Christ University, Bangalore. What extra-curricular activities did you participate in and how did it enrich your law school experience?

Christ University was a good platform for me not only to grow as a budding lawyer but also to grow as an individual as I was being exposed to different multicultural and departmental benefits which a deemed private university could offer. I was an average student academically. I was that guy who enters the class with a basketball in his hand in the morning. Every class has that one guy. I was mostly active outside the classroom being immensely involved in the extra-curricular and co-curricular activities such Client Consultation Competitions, Negotiation Competitions, Moot Court Competitions etc. I was a part of the college’s basketball team and a ‘C’ cert. NCC cadet. I used to have basketball team practice before the class hours and NCC drills on Saturdays post classes. I made a lot of good friends who are not just restricted to the legal industry but belong to different departments such as management, computers, engineering, commerce, arts etc. which again is one of the perks of a private university having different departments under one roof.

You have won many moots, debates, client counselling and negotiation events during your years at law school. What do you have to say about excelling at such events?

As we prepare for a competition, we spend hours researching about the problem/topic in the process of preparing the contentions/agenda. In this process of intensive research, many a times, students get deeply engrossed in the problem and reach the advanced level of the research but forget to prepare on the basic or elementary knowledge of the problem in hand which is mostly questioned by the judges in any competition. My advice to students who wish to excel at such competitions would be to start from scratch. Try to understand the problem first and then ask yourself- Did you understand the subject matter? Can you narrate the problem to your friend without looking at it? If not read again. Before turning into an insomniac and shifting to the advanced research levels reached through spending late nights at the library, a student should work on the root questions. If a student is thorough with the basics, half the battle is won.

You hold a diploma in business laws and have also completed a certificate course on IPR laws offered by WIPO. What is the value addition of such external courses?

As a student of law, when I took up these courses the thought which hit me first, as it mostly does for the students of that age, was it’ll reflect good on my CV. What I have realised after completing these courses was that more than the CV, the knowledge delivered by these courses which helps in the long run. A decorated CV can only get you an interview call but the knowledge you gained will help you jump rest of the hurdles, both before and after joining.

You have been selected as Scale-1 Officer (law officer) at Karnataka Bank conducted by IBPS. Would you like to tell our readers a bit about the examination and the process of preparing for it?

Sure! So IBPS conducted this exam for Karnataka Bank. Firstly, the candidates were shortlisted based on the exam, which was conducted online similar to other bank PO exams. The exam was a 200 mark multiple choice question paper with 5 options. The paper was divided into 5 sections including Quant Aptitude Test (Mathematics, which was the biggest challenge for me being away from the subject for quite a time). There was 1/4th negative marking allotted for each wrong answer. Result of the test was communicated after a few days on the official website of the bank. The selected candidates were given the interview call letters and were accordingly called for the interview at the bank’s head office located in Mangaluru. This year they have selected 73 candidates in total including all categories – General Probationary Officer (PO), Agriculture Science and Law.

What advice would you give to the candidates short listed for the interview?

My advice to the aspirants is just to be real. Do not try to fake it or make up stuff. Respect the expertise which the panel possesses. They will easily catch you if you happen to make up stuff. Prepare well and if you do not know a thing then tell them clearly. Remember they want a genuine and honest employee.

What are the responsibilities of a Law Officer in a bank?

A Law Officer in a bank deals with the cases related to the bank and acts as an advisor to the bank whenever a question of law is involved. The statutes which a law officer deals with are Acts such as the SARFAESI Act, Indian Contract Act, Banking Regulation Act and various other statues related to the banking industry.

You worked at Accenture Pvt. Ltd. prior to this. How was your experience as a contract Associate?

Accenture was a great place to work. I really enjoyed working there. Starting your career with an MNC such as Accenture teaches you a lot of things, professionalism being top on of that list. It helped me grow as a team player under the guidance of highly qualified managers who were always ready to connect and help me during and post work hours.

You have interned at different places having different lines of business including Holla and Holla, Bangalore and ICIC Lombard, Bangalore. What were the greatest takeaways from these?

As a law student, I had planned to design my CV in the most diversified way possible. Where Holla and Holla taught me the research work on property laws, ICICI Lombard extended my knowledge on the applicability of the motor vehicle insurance laws. When a law student enters a law firm or a legal department of a company in his initial years, he expects it to be like the TV series Suits. However, right after the initial week, he gets his reality check. That’s when he is ready to adopt the new culture of the firm/company and tries to learn their way. This is the time when he actually needs some additional support from the lawyer he is working under or the supervisor. I was fortunate enough to have wonderful leaderships in both of these places which helped me learn the importance of management.

What would be your message to law students and your fellow colleagues?

Law school is a wonderful phase of your life. Make the most of it in all possible way. Once you are out of the law school you’ll find yourself in a swimwear on a beach. You’ll be desperate to enter the sea in order to beat the heat but you’ll be wondering from where to enter. I have gone a bit philosophical on this one but I am sure you’ll relate to it one day. Stop worrying about the packages and CTCs. That should be your last concern (trust me!). It’s the knowledge and experience which matters the most in long run. Don’t forget you are a lawyer now. Do what interests you the most. Always remember what my elder brother (Manav) always told me- ‘First job picks you whereas you pick the second one.’ Don’t panic, you have time. Just focus on the direction you are in and not how much you are earning at the moment. ‘You don’t get a second chance and all’ is utter nonsense. Life never stops giving you chances provided you work and ask for them. Most importantly never ever stop enjoying (chilling- as we like to call it) no matter what you do or how busy you are. We are born to live and not just to work. Good Luck!
June 30, 2016
Indian Institute of Corporate Affairs, Mediation Project
Indian Institute of Corporate Affairs (IICA) is in the process of setting up India International Mediation Centre (IIMC), the first of its kind in India for handling various domestic and cross border commercial disputes at pre and post litigation stage. As a first step in its initiative, IICA proposes to carry out a series of mediation training across India (Delhi, Mumbai, Ahmedabad, Hyderabad, Kolkata, Chennai and Gauhati).

The team responsible for conduct of the training program is headed by Dr. Vijay Kumar Singh, head of the School of Corporate Law and Associate Professor at IICA. Vijay has previously worked as Deputy Director (Law) at Competition Commission of India. He is a trained mediator from The International Centre for Alternative Dispute Resolution (ICADR). He is also a certified trainer on “Managing Disputes and Difficult Conversations on the Board” by Centre for Effective Dispute Resolution (CEDR) and the IFC Corporate Governance Group.

Vijay is assisted by Anuroop Omkar and Kritika Krishnamurthy as consultants for the course. While Anuroop is a trained mediator from USA and Europe, Kritika is trained from The International Centre for Alternative Dispute Resolution (ICADR). They are Fellows of World Mediation Organization (WMO), Berlin, Germany. Anuroop is the youngest mediator appointed by Delhi Dispute Resolution Society, Ministry of Law and Justice, New Delhi.

In this interview, they talk about
- The need for mediation as a means of dispute resolution and its future in India
- Their upcoming training programme and what they hope people will gain from it
- The number of different types of people in different fields that will benefit from both their training programme and mediation skills in general.
Tell us a bit about your team

Vijay: Our team is headed by Dr. Bhaskar Chatterjee, Director General and CEO of Indian Institute of Corporate Affairs (IICA). Dr. Chatterjee is an ex IAS officer and has introduced the concept of CSR in India, as the first principles of CSR for the Public Sector Enterprises were written during his tenure as Secretary, DPE. His work experience has given him wide exposure in negotiation and experience of the fallacies of dispute resolution mechanisms prevalent in India. He believes corporate India is in great need of mediation which saves not only time and money but also goodwill of disputants. I am the Course Director for the training program. I am also the Head of School of Corporate Law at IICA. Before IICA I was working as a Deputy Director at the Competition Commission of India. Anuroop Omkar and Kritika Krishnamurthy are our course consultants. They are practising corporate lawyers, mediators and co-authors of the book ‘The Art of Negotiation and Mediation- Wish Bone, Funny Bone and Backbone’ by LexisNexis.

What made you conceive the idea of mediation training and International Centre of Mediation when arbitration and litigation are the most accepted ways of dispute resolution?

Vijay: Time and again we harp on the fact of the overburdened courts in India and the escalating cost of undertaking arbitration which many times leads to court appeals. India is on the way of becoming the global business hub of the world. We are strong propagators of the ‘ease of doing business’ but our rankings are dismal. Most foreign investors and joint venture partners are hesitant of the Indian market because of the stories they have heard of long drawn litigations in India. We need an efficacious dispute resolution mechanism for commercial disputes and mediation is the right fit. Mediation has a success rate of 80-85% in developed jurisdictions. Businesses shall get the chance to negotiate a solution to their own disputes with promise of full confidentiality. But there is lack of trained mediators in India who truly understand the essence of what mediation should be as an experience for disputants. We are on the lookout of promising mediators who can help disputants settle differences in a relaxed, informal atmosphere without prejudice. Hence, the mediation trainings- to train and empanel mediators for our proposed mediation centres.

Where do you plan to set up the International Mediation Centre?

Vijay: Of course, we would like to begin with our home ground which is New Delhi. But if we get the right talent pool and collaborations, we wish to set up mediation centres all over India; particularly in the cities where the trainings are planned- New Delhi, Mumbai, Ahmedabad, Hyderabad, Chennai, Kolkata, and Gauhati for the businesses in the North East of India. In our second phase, we may also target other industrial and emerging business centres in India.

Does this training have any correlation to the NCLT & NCLAT that has been recently brought into force replacing the CLB, which would also exercise powers available with High Courts earlier in certain company law matters?

Vijay: The pioneering step of commencement of National Company Law Tribunals and Appellate Tribunal has already been taken on June 1 this year. Section 442 of Companies Act, 2013 provides for resolution of company law disputes before the tribunals through mediation. Most of the disputes which come under these provisions are shareholder disputes, oppression and mismanagement, winding up of company owing to inability to pay debts, etc. I think these disputes are apt for resolution through mediation since the parties have a lot at stake and there is scope for win-win solutions and beneficial commercial arrangements through assisted negotiations. If given an opportunity we would be glad to assist the NCLT and NCLAT in mediation of these disputes. We also wish to promote pre-litigation of commercial disputes in India.

Where all are the trainings happening and what is the duration of each training?

Kritika: The trainings shall follow the international certification format of 40 hours. The training shall be for 6 days from 2 PM onwards at the following places:

New Delhi: 19-24 July, 2016

Mumbai: 25-30 July, 2016

Hyderabad: 31 July-5 August, 2016

Ahmedabad: 1-6 November, 2016

Kolkata: 7-12 November, 2016

Gauhati: 13-18 November, 2016

Chennai: 19-24 November, 2016

What should the course participants expect from the training program?

Anuroop: Participants should expect skill based learning. Becoming a mediator requires a psychological change in your perception towards disputes. We cannot bring about this change in the participant’s mindset through only one-sided classroom teaching. The training program will also have extensive mock mediation practice and other skill based exercises to engage the participants in the training process and give the participants an actual practical insight into the practice of mediation. The training will equip the participants to deal with difficult disputants and deadlocks in negotiation. These skills are not just useful for a mediator but any corporate professional.

For whom shall this training be beneficial to attend?

Kritika: The training is for any person who wishes to become a mediator. It is not necessary for them to be a practising lawyer since we all face disputes and negotiate in everyday life. However, here is a tentative list of persons for whom this training shall be beneficial:
- Judges
- Advocates
- In house counsels
- Chartered Accountants
- Company Secretaries
- Cost & Work Accountants
- Bureaucrats & public servants
- Members of National Tribunals
- Members of National, State and District Consumer Forums
- Professional Students
- Faculty (Law, CA, CS, Management, Commerce etc.)
- Bankers
- Members and employees of various sector regulators
- Social Workers
- Entrepreneurs & Working Professionals
- HR and Management Professionals
We welcome both active practioners and superannuated professionals

Who will be Training faculty for the Mediation Training and why?

Vijay: Avv. Stefano Cardinale shall be the Master Trainer for all the training programs. Avv. Cardinale is currently a member of the order in Rome and Barcelona, where he practices as a lawyer, professional negotiator, mediator, international management consultant and trainer. He is external independent expert of the EU Commission. He runs his own law firm Legal and Consulting International with offices all over the world. He has been guest speaker in international conflict management and mediation lectures at the World Trade Center of San Diego, at University of California San Diego (USA), at the American Chamber of Commerce of Milan, at the International Development Law Organization, at Magna Graecia University of Catanzaro, at Verona University, at Padova University (Italy), at Kharkov Law School (Ukraine), at Bar Council of India Golden Jubilee Celebrations in 2012 (India).

The co trainers for the training program shall be practicing mediators from India so that the participants shall get exposure to the international best practices of mediation as well as their applicability in the Indian scenario.

A tree cannot flourish unless we nourish its roots. Mediation needs to be taught by actively practising international mediators so that the first batch of commercial mediators for the India International Mediation Centre understand the right approach and mindset required to conduct mediation. Mediation fails many times not for any other reason other than faulty practises and hasty mediators. We wish to avoid that. Mediation has set best practices and if we introduce them in India with required customization, it will soon catch up in India. But we need good international exposure.

Where do you see mediation as a practice of dispute resolution in next 5 years’ time?

Anuroop: With increasing popularity and success of campaigns such as Startup India, Stand up India and Make in India, India is developing a new brand of entrepreneurs. They are looking for innovative dispute resolution mechanisms which will allow them constructive closure in disputes so that they can devote more time in business development. Business houses will any day choose a mechanism where they have a say in the outcome over a mechanism where there is a win-lose result. If India can learn to recycle, we can also learn to make business out of disputes. With the changing face of corporate India, the dispute resolution mechanism shall also have to keep pace. In the next five years, we see mediation as the ‘Go-to Mechanism’ for commercial disputes in India.

Any advice for the future commercial mediators of India?

Anuroop: Mediation has been widely accepted as one of the most preferred dispute resolution mechanism in the world. It has got an acceptance because of its broad elements which includes empathy towards disputants, time effectiveness, confidentiality and win-win solution. Various countries in the world have gone upto legislate mediation as a mandatory practice before resorting to the judicial system. My advice to the future mediators would be- in order to effectively and efficiently advice both domestic and international business houses in India we should understand that time, money and confidentiality hold a great importance to them. Keeping that in mind, we should advise them and structure their various contracts and agreements with an effective dispute resolution clause with mandatory mediation before resort to any other dispute resolution mechanism.
June 29, 2016