Blog

  • Anurag Parihar, Founder and Chief Executive officer, on providing an online e-learning platform for lawyers

    Anurag Parihar, Founder and Chief Executive officer, on providing an online e-learning platform for lawyers

    Anurag Parihar graduated from MATS University in 2014. At present, he is the founder and chief executive officer of Rostrumlegal.com. RostrumLegal.Com is an online e-learning platform for lawyers, law students and anyone who wants to learn law. The company operates with a vision to deliver professional legal education to millions of people from around the world at affordable costs.

    In this interview he talks to us about:

    • Biggest challenges to start a business.
    • How to protect a great idea.
    • How to obtain a domain name.
    • Online courses helpful in starting a business.

    What are the biggest challenges to starting a business?

    I think taking the first step is the biggest challenge. I always say this to people that every tom, dick or harry in this world has one or two business ideas which can be worth millions of dollars but no one dares to materialise those ideas. I think each one of us have experienced that moment in life when, after hearing a news about some cool startup, we say that “I had a similar business idea, I should have given it a try…” Taking the first step is a real big deal in starting any kind of business.

    There are lot of other things, like commitment towards studies or the job, and pressure from family and friends, which prevent us from taking risks. If you think that your idea can create an impact in changing the way people live their lives, you should definitely give it a try.

    How can I protect my great idea?

    It might sound a bit hilarious but from my personal experience both as a law student and an entrepreneur I would say that ideas are the only form of intellectual property which cannot be afforded any legal protection. Also, you cannot sue anyone or claim a compensation for stealing your ‘great idea’. In fact, stopping someone from pursuing the same kind of business as yours can prove to be unlawful and anti-competitive.

    If you have a great business idea in mind and you have fully convinced yourself to start your journey to become the next Steve Jobs or Elon Musk of the industry, it would be a very good thing to share and discuss your idea with as many people as you can to take positive inputs to start. A suggestion from an unknown fellow passenger in a local train can also prove to be helpful in realising your billion-dollar dream!

    Once you have started or when you are already in the business, you can utilise a lot of legal routes to protect the things which are important to your business. Those things can be your logo, the name of your business, software codes, designs or your secret fried chicken masala (it’s better not to spill such secret)!

    How can I obtain the domain name I want?

    I think choosing the right domain name for starting a website or a blog is really important to create a good online presence. Domain names can be very crucial if the business is targeting online users. To choose a domain name one should keep in mind that it should be a unique web address. Also, at the same point of time it should be very general to the industry you are doing your business in. Following this suggestion can help businesses or blogs to get organic traffic from search engines. This can be really helpful in contributing towards the growth of the business especially in early days. The perfect example for such type of domains can be housing.com or conferencealerts.com.

    There are a lot of websites which sell domains and provide other web hosting services. It is advised to go with a big brand and since these service providers sometimes offer great deal on domains and hosting packages, one should do a proper research before buying to crack the best deal. Also, it should be noted that setting up an ecommerce store or a blog is very easy, there are several articles available on the web which can help you in learning to do so.

    How much should I capitalize my business with at the beginning?

    The amount of investment needed while starting the business completely depends on the type of business. Some types of businesses can be started at the cost of very small or zero investment. A YouTube channel or a Facebook page sharing funny posts to make people laugh can be turned into a profitable business, the cost of starting such things is practically nothing. A small e-commerce website or a blog, publishing articles on topics like 10 things to not, can be started at a cost of less than 5000 Rupees.

    On the other hand, there are lot of capital intensive businesses, like a restraint or a manufacturing company, which can require a lot of investment at the beginning itself. A business can be started either with no money or with a lot of investment but it is very important to plan the budget and the source of income for a long run to manage some of necessary spending in future.

    Where can I get money for my business?

    Investment is a very important ingredient for growth or expansion of a business. There are a lot of options available for entrepreneurs to raise funds. Some of the important sources include an angel funding, or a funding from a venture capital fund. Two of these are can be simply differentiated by the amount of money they invest in your start up. The former is an investing company often managed by few people known as angel investors who invest significantly less amount of money when compared to venture capital funds which are usually giant corporations managing a huge pool of money. There are lot of schemes run by government and various public and private sector banks which offer collateral free loans to small and medium scale companies on a lucrative interest rates.

    There are other creative options to raise money like crowd funding where a startup can raise money from general public by simply posting their business plan on crowdfunding website and offering exclusive launch benefits to the investors. There are a lot of competitions which select infant startups and provide them with mentorship and a small amount of initial funding. There are a lot of startup incubators which look for promising early stage startups.

    The amount of money available as compared to the requirement of startups is very less. Only one in a 100 startup is able to attract investors to provide funding. Not only the business idea, but a lot of factors contribute in making a startup attractive to the investors. And, last but not the least, the revenue generated by the business is also an important source of funding.

    How should equity be divided among co-founders of a startup?

    I think that this is the toughest question in the interview and also one of the most confusing decision an entrepreneur has to take in his life.The equity can be divided by looking into various factors like the type of responsibilities each founder has. Such responsibilities can include the development of the product, investing initial capital, formulating and refining the business idea, marketing, business development etc. Sometimes it is good to take advice from a third party who is close to all the founders, knows the business and is not interested in the business of the company.

    It is also important for the founders to enter into a founder’s agreement which decides the share of equity each founder gets and also enlists the responsibility of each of the founders. The agreement should also accommodate plans to include team members and investors who will join the company in future. There a lot of articles, blog posts and tutorial videos which can be referred to gain a clear understanding on this area.

    What online resources are helpful for learning more about starting a business?

    Several types of free resources are available, both online and offline, to learn about the ways of doing business. Just ask google if you are stuck on something and you will surely find the solution to your problem.

    There are a lot of websites like Forbes, Tech Crunch and Entrepreneur who publish a lot of articles on important issues. Also, there are lot You Tube channels who publish videos to help entrepreneur. I would recommend following ‘Google for Entrepreneurs’. It is also advised to know about the life of entrepreneurs and other type of leaders. One can also watch movies and read books to get inspired!

    I would recommend people to watch my latest favourite movies ‘Steve Jobs’ (2015) and ‘The Big Shorts’ (2015). Also,If you are looking for a step by step guide to start a business, you can read ‘The 100 Dollar Startup’ by Chris Guillebeau.

  • Kunal Marathe, CEO of Author’s Empire India, on pursuing his career in law

    Kunal Marathe, CEO of Author’s Empire India, on pursuing his career in law

    Having written columns, articles and short stories for various publications, Kunal Marathe’s first novel was released in January 2011. Now at 26, he is the CEO of Author’s Empire India and has authored two books. More than twenty titles including fiction, non-fiction and poetry have been published under his company’s aegis. Magic Magic is the third book authored by him.

    At present he is studying law from Indore Institute of Law.

    In this interview he talks to us about:

    • His decision to write a novel and the challenges faced as a first time novelist.
    • How to create an impressive book trailer.
    • How to find a publisher.
    • His decision to pursue law.

    How did you decide to write your first novel? What were the challenges that you faced?

    Frankly speaking, I didn’t write my first novel because I had a story that forced me to write. Rather, I wrote because writing a novel was something I always wanted to. I had a dream of becoming a writer since when I was in school. It was all I ever wanted.

    Challenges – there were many. I can write a book on them. Unfortunately in India, when someone dreams of taking writing – or any other art – as his career, it’s never easy. When I started drafting the story of my first novel; I was working in Hotel Taj, Mumbai. I used to work till 12 at night, and then, sit in an open library of Fort area all night to complete my novel. It was tough balancing the job, writing, and then those long traveling hours in Mumbai local. But that was just the beginning of the challenges. In writing and publishing industry, actual challenges begin after you get published.

    Tell us something about your upcoming novel ‘Magic Magic’.

    Magic Magic is a unique novel – it’s a blend of magic and romance, something that is uncommon for the Indian market. It’s the first book of the series that would revolve around Sikandar, a gifted magician.

    The novel has been written by two authors – Mr. Anil Samotiya and I. We have tried to keep it lighthearted, something the young Indian readers prefer. Though Magic is the center theme of the novel, romance and humor are the major elements.

    If I want to write a novel, how would I go and find a publisher?

    Today in the world of Internet, finding and approaching publishers is not a tough job – however, getting your manuscript selected by them is! Penguin Random House, Rupa Publications, Harper Collins and Westland are some of reputed names. Generally one has to send a synopsis of the novel, along with few sample chapters and a cover letter to the publishers as the first step of submission. However, each of them has some special guidelines, which can be found on their official websites.

    In case one fails to get his/her manuscript accepted by the publishers, he/she can opt for paid publishing in which the writer pays to the publisher to get the book published. My publication, Author’s Empire had stopped function around one and half years ago due to some financial issues. However, we have resumed our publishing process and any author can contact us for traditional publishing or paid publishing by simply dropping an email at authorsempire@gmail.com

    How can I learn to create an impressive book trailer?

    What I have seen especially in India is that 99% of the book trailers being released by the authors are immature works. Never do that. Making an impressive book trailer is a time and money consuming work.

    Book trailers can be cinematic; like the one of Magic Magic shown below. Or they can be work of graphics or animation, etc. What you need to understand is that a book trailer is NOT the blurb or synopsis of the book. Many writers simply use the lines from the blurb of the book and form them into the trailer. A book trailer should rather be something that would attract the readers. It’s a medium of marketing – something to compel the reader to buy your book and read it after being watched.

    Here’s the link for book trailer of Magic Magic: http://youtube.com/watch?v=q0lywxhODZY

    http://youtube.com/watch?v=q0lywxhODZY

    What prompted you to study law despite of writing and publishing being your professional background?

    I am studying law not as a career option, I am happy with my current profession – writing and publishing. I am studying law because it has always fascinated me. I guess every citizen should study law – in a college or with the help of good law books. Having the knowledge of law protects you, and it gives you strength to serve your nation and society by acting against the wrong and supporting the right causes.

    From where are you studying law?

    I had many options in Indore, my hometown. I chose Indore Institute of Law. I was told that they are the best in the city, which proved out to be true. Since I also have writing and publishing to look at, I need constant support from my college to complete the projects and cover the course when I fail to attend some classes. And the professors – and even the Executive Director, Mr. Gaurav Basant Jain – at Indore Institute of Law have always been extremely helpful.

     What would be your advice to our readers?

    I would like to keep it short. For those who are studying law, please study it to understand the law completely, not just to get a job! And for every single reader of this marvelous portal, I request you all to read my upcoming novel – Magic Magic, which is available on Amazon.in here.

    The Link is: http://www.amazon.in/Magic-Novel-Anil-Samotiya/dp/9383865008/ref=sr_1_1?s=books&ie=UTF8&qid=1459810499&sr=1-1&keywords=magic+magic+a+novel

  • Nakul Bhatnagar, Senior Consultant, on recruiting for various roles in the legal sector in India and across Asia

    Nakul Bhatnagar, Senior Consultant, on recruiting for various roles in the legal sector in India and across Asia

    Nakul Bhatnagar graduated from Cardiff University, U.K. in 2011. At present, he is a Senior Consultant at Aquis Search with responsibility for private practice and in-house legal recruitment services in India. He recruits for various roles in the legal sector in India and across Asia. He is interested in connecting with potential clients who have talent acquisition requirements and professionals looking for their next career challenge.

     In this interview, he talks to us about:

    • His experience at Cardiff University.
    • How interns can get positive feedback in limited time.
    • What law firms look for in potential candidates.
    • His advice on CV building.

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

    I am a lawyer by training and legal recruiter by profession. I was born and raised in New Delhi and spent almost all my life here. Post class XII, I pursued the B.Com (Hons.) course from Delhi University and after having dabbled in very different fields in the industry, I decided to pursue Law. I completed my LL.B from Cardiff University, U.K. in 2011 and after having worked with a few organisations (including a law firm and a trade law counsel). I made the switch to legal recruitment in 2014 and joined an Indian legal recruitment firm. I am currently working as a Senior Consultant with Aquis Search – Asia’s leading executive search firm with offices in prominent Asian cities. I focus on legal and compliance recruitments, across junior and mid-levels in India and the Middle East.The story continues…

    Having done B.com, what motivated you to choose law as a career? Or did it just happen?

    Doing law was a rather calculated decision for me and I believe I found inspiration to do law from the most unusual places. During my college days, I was actively following the Indian independent music scene and briefly performed in a rock band myself. Not to mention, I was a very confused child and tried my hand in so many different fields to try and come to a career conclusion – I interned in places like design studios, ad agencies and a music / events company as well. Post my graduation, I was pretty much convinced that I wanted to take up music management and for a year, I worked with a company which promoted independent original music, managed artistes and organized live concerts & festivals. During this time, I had the good fortune of interacting with musicians and a few lawyers who introduced me to several new concepts like Copyright, Performance Rights and Digital Rights Management. I was quite intrigued to see how the law worked with something as basic as a song or a performance. It was something that I never thought could work so well in an ecosystem that seemed completely disconnected. I started researching on what options I may have and I decided to try and pursue law. Not to mention, my father is a lawyer by training himself and always encouraged me to pursue a career in the field. Little did I know that the adventure was just beginning!

    Describe your experience at Cardiff University.

    The experience of studying at a foreign university was surreal. The methodologies, the faculty, course structures and support offered were very beneficial to every law student. Cardiff, being one of the top law schools in the U.K., was possibly the biggest learning experience for me. Constant development every step of the way, studying there made me the person I am today. Studying in Cardiff gave me immense exposure to global standards of legal education and a connection to a worldwide network of prominent lawyers. An additional advantage of studying there was that the University is recognized by the Bar Council of India and the transition of practicing in India was never tough. Many Indian students who graduated from there have moved back and are successfully practicing here (even as Partners at leading law firms).

    How do you say interns can get positive feedback in the limited time they have?

    Internships are probably the most valuable experience any budding lawyer can get. In one way or another, they are the stepping stones for a career in law. They show you the practical side of the profession and how the application of the law goes much beyond the course books.

    Pro-activity is possibly the most valuable skill that an intern needs to posses. Try and be actively involved with the partner / associates that you are working under. Remember, they get interns every month and recall value is definitely scarce. You have to make the jump out of the page for them to remember you. Especially final year students; if you wish to work with the firm post law school, you will have to walk the extra mile for them to offer you a PPO or a recommendation.

    Having worked in the legal recruitment industry what are the challenges you have faced?

    Challenges are as wide in this industry as any other. The point of working in a niche can work as an advantage and a challenge as well. The advantage of being a lawyer has helped me work my way into legal recruitment. I can understand the work that one does and has done in the past and how that experience can work well for a potential opportunity that one may be looking for. It is of utmost importance for recruiters to look at both sides of the spectrum. One needs to understand the needs of the lawyer looking at a potential job as well as the recruiter, looking to hire talent for his firm. The gap needs to be filled perfectly or it could pretty much lead to issues for the firm, as well as the young lawyer.

    Acquiring talent is a big task for any recruiter. Opportunities, whilst being seasonal, are usually always prevalent in the market. It is the right talent that can be scarce at times. Firms are usually very sure of the qualities that they want in a lawyer (law school, practice areas, experience wise). Getting them the perfect fit is the mark of a good recruiter. We have to remember that the level of trust, shown by a firm looking to hire and a lawyer looking to be placed, are utmost in a recruiter. Challenges are a part of everyday life but, just like any profession, they can be overcome.

    What do law firms look for in potential candidates?

    Here we go! (If I had penny for every time I was asked this question… you know how it goes.)

    Let’s get it straight. Firms are looking for someone who is with them for the long haul. Period! Firms (especially the big ones) in India are built on the core values of their name and legacy. They are looking for professionals who can be nurtured into taking that name forward.

    Professionally, the story isn’t very different from any other profession. A strong educational background, the ability to work hard and with a team, diligence, communication skills and of course, patience. The transition phase (especially the first 6-9 months) maybe tougher but the reward has its own charm.

    Strong on technicals – the main point of focus. For example; a prospective corporate lawyer should have the acumen for numbers, financials and a strong eye for detail and along with this good knowledge on topics like Contract Law, Sale of Goods Act, Company Law, SEBI Regulations, FEMA, FDI Regulations etc. Similarly, a professional, looking to build a name in the disputes practice needs to be aware of everything around him in the legal environment. Be prepared with important sections of the CPC, CrPC, Constitution, landmark judgments and recent developments in the legal biosphere.

    The basic quality that every lawyer needs to possess (and I cannot stress this enough!) is the eye for detail in everything that they read or write. Till date, I have seen so many professionals who are not proficient with drafting and tend to omit so many errors; it’s possibly one of the biggest grey areas for any law firm looking to hire. You need to start from the bottom of the food chain everywhere. Your firm will want to know everything that you are capable of.

    What advice would you give to law students / professionals interviewing for law firms?

    The one piece of advice that would be the most important (for lawyers across levels);KNOW YOUR CV. Know every word of every line of what you have put on there. For freshers, your internship details are of utmost importance. Know the names of the Partners / Associates that you worked under, the teams, the kind of work and your involvement. For laterals, any transaction / matter that you worked on, your contribution to the same and everything that you have put on your resume. You need to have your CV on your fingertips; if it is on your CV, get ready to be questioned. Keep yourself abreast with all legal developments in the market, especially the ones with a connection to any phrase mentioned on your CV. Apart from academic qualifications; your extra curriculars go a long way in determining your achievements. Moot courts, debates and other activities are equally important to show your development during law school.

    Apart from that, know what is happening in the market and of course, know the firm that you are interviewing with. You need to know details about key partners, latest deals and general structure of the firm as questions can be fired from any direction. You need to assure your interviewer that you are the right choice and your knowledge about the firm makes you want to be there. This is about going that extra mile to show your appreciation for their time and consideration. People always look for that spark that would separate you from the others. Be confident in what you answer and do not hesitate in accepting that you may not know something out of the plethora of questions, it is only natural. Be sure to tell them even if you don’t know or are unsure. Be sure to make a note of it and tell them you can research and get back to them with a sure answer. Surety goes a very long way. Be sure of yourself and what you know and you’ve already won half the battle.

    What must a law student do to get hired in a top-tier law firm? Any advice on CV building that law students must keep in mind?

    Before I answer that, we really need to address one thing for young lawyers and everyone else reading. The mentality of a ‘top-tier’ brand is changing in this ever evolving legal market of ours. Whilst top-tier firms still do rule the roost and deservedly so, many firms operating on a smaller scale (only in terms of number of people) are bringing in meaty work and good clients. These firms (bracketed as mid-sized or boutique firms) are coming up with a strong force and several of them have been started by and employ alumni from leading firms. In terms of quality of work, people employed and even pay-scales, they are very competitive with all other firms and will be a force to reckon with in the near future.

    Let’s face it; cut throat competition in the market as of now, is more than it has ever been. With more than 70,000 lawyers graduating every academic year, securing an interview can turn out to be quite a harrowing process. Most firms hire graduates directly from campus or make offers to their star interns. Firms that do come on campus will look for someone whose CV jumps right out of the page to catch their attention. Hence, building a strong CV is the first stepping stone to this process.

    On CV building, we need to remain concise. Academics are the foremost factor that people tend to look at on your resume. Your grades need to be consistent and will be considered on priority. Along with grades, a few other factors that may help go a long way:-

    Moot Courts – The first insight into a Court environment, the basic reason and intention of organizing moots is to help students develop their research and oratory skills. You should try to actively be a part of inter / intra college moot court competitions. The skills that are put to task here are the ones you need the most in this profession and one can develop them very well.

    Research Papers / Publications – Your knowledge on the latest developments in the profession are yet another tool in your artillery. Your knowledge on the information gathered here could easily be one of the biggest advantages in the interview

    Organisational Skills –The committees that you were a part of during college, the activities that you took part in. These show a sense of team work which every young professional can use to his / her advantage.

    How is the legal landscape in India changing viz a viz the talent needs?

    The landscape has changed hugely over the past few years since I have been following it. People are beginning to focus more on the person, rather than their pedigree (which has always been the growing trend). Firms are seeing severe competition in the market and of course, last year was probably one filled with the biggest surprises (and shocks for some) in the industry. Reasons like these alone, are completely twisting the landscape. Since any change can be positive or negative, depending on the perspective, the industry has learnt to adapt with its growing needs. Firms are getting bigger, business is on the constant rise and people are needed. At this point of time, hiring at the senior level is becoming more strategic and there is definite preference for those having their own book of business and good reputation and relationships in the industry. Another interesting point to note is that, at the junior and mid levels, firms are also investing heavily in BD and internal trainings.

    Lastly what are your plans for future? What advice would you give to law students wishing to work in the same sector as you?

    After having dabbled in so many sectors myself, I feel I found my niche in the legal recruitment business. The plan is to learn and grow with the system which is growing every step of the way. I am glad to have found a platform like Aquis Search, as it is the only search / recruitment firm in the legal and compliance industry in India has with an international network – in both the in-house and private practice space. I am happy to be able to leverage my network and relationships to hopefully bring a positive change in the Indian legal ecosystem.

    Guys, success and failure are a part and parcel of the game. Trust me, I’ve been there. Everyone is prone to mistakes and the best part is that it’s never the end of the world. Getting a law firm job or not shouldn’t be on your final list. The profession that we are in, is one of constant growth and learning. One literally can never stop learning here (even if it feels like things are stagnant). Keep making mistakes, learn from them, equip yourself better and move on. The recruitment business is on very similar lines. I feel that my experience in law practice has equipped me with the knowledge to be a decent legal recruiter. For anyone wishing to work in the same field, I’d only say that keep your eyes and ears open. Most importantly, build the best network that you can (a network is what makes or breaks a recruiter). You should enjoy being an all-round people’s person. The work is all about the trust that you gain with your clients and candidates alike so, keep the lines of communication flowing because after all, professionals are trusting you with their careers on the line.

    Lastly, as a lawyer or a recruiter, never lose hope. Be confident in your professional abilities and start! The world is out there. Good luck!

     

  • Prem Rajani, Managing Partner, Rajani Associates, on building a firm practice and experience in corporate law

    Prem Rajani, Managing Partner, Rajani Associates, on building a firm practice and experience in corporate law

    Prem Rajani graduated from Government Law College in 1990 and is now the Managing Partner of Rajani Associates which was established in 1999. In this interview he talks to us about:

    • His time in law school and how facets of the profession have evolved with time.
    • The importance of moots, debating and internships.
    • Building a corporate law firm profile.
    • Working in Structuring and M&A deals.
    • Advice for young lawyers today.

     

    How would you like to introduce yourself to our readers, most of whom are university going law students in India?

    Currently I am the Managing Partner of Rajani Associates. Rajani Associates is a full-service law firm based in Mumbai and established in November 1999. The Firm has been involved in domestic and international practice in nearly all fields of corporate law as well as commercial litigation and property law. The Firm closely works alongside firms in the US, Europe, Middle East, South East Asia and Australia to meet the needs of our global clients. Our areas of practice are Corporate & Commercial, Mergers & Acquisitions and Competition Law, Banking and Finance, Domestic and International Capital Markets, Private Equity, Corporate Litigation and Arbitration, fund Formation, Real Estate & Trusts, Projects and Project Finance, Technology, Media & Telecom and Intellectual Property rights, Corporate Debt Restructuring, Structuring, Anti-Bribery and Corruption.

     

    Tell us about your life before you joined law school. What made you gravitate towards law?

    Immediately after finishing with school and college (commerce faculty from Jai Hind College) I joined Government Law College. The paramount factor that made me take up law was my father’s business that had a lot of dependency on solicitors for preparation of legal documents. Alongside my studies, very early on, I started assisting my father with his business and as a result often met many solicitors. The manner in which solicitors conducted themselves fascinated me. I started getting drawn to legalities and the documents that were being prepared. There came a point that I became so passionate about the profession that I had no doubt left in my mind that a solicitor is all I wanted to be.

     

     

    You graduated from GLC in 1990. How were the days? What would you advise our readers is the ideal things to look to get out of university, other than a degree?

    During my time law firms did not retain interns for summer/winter training and as such work training for most of us did not happen till we joined a law firm as an article for solicitor examination training. Most of us therefore very seriously attended college and read books from the library. Today the trend has changed. Young students are getting a chance to intern at a variety of established law firms giving them a chance to know and practice law outside of books and may be college attendance has taken a backseat. However I don’t necessarily mean that in a bad way. I only do wish to suggest to the younger generation that along with collecting work experience they must spend more time reading Bare Acts and established commentary books rather than simply relying on test papers to clear examinations, because after all knowledge of Law is paramount and irreplaceable. The opportunity to participate in moot courts as a student is also great and every student must to his or her best ability try and participate in them, whether as the research team or on the argument team. Lastly, irrespective of which branch of Law one wants to profess, it is my sincere belief and advice that every law student must spend the first two-three years of his or her career practicing hardcore litigation.

     

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

    During my college days my areas of interest were predominantly the Transfer of Property Act, Income Tax Act and a few other substantial laws (such as the Contract Act, Trust Act, Sales of Goods Act, and Negotiable Instrument Act). Somehow, I was not very inclined towards the constitution of criminal Laws. As mentioned above, in my opinion moot court competitions, mediation competitions and debates are extremely important both in terms of gaining knowledge and to get over stage phobia. I used to stand up and address the judge as well as counter the opponent quite comfortably, all of which assisted in my overall development.

     

    How must a law student decide on choosing his internships?  What criteria did you follow if any?

    As I stated earlier, during the initial days a student must try to do more of litigation and property Law and accordingly select law firms established in these practice areas. In my opinion, an understanding of these Laws builds a good foundation for the general practice of Law. However if a student is already decided and is highly focused on a specific branch of Law (such as IPR) then the student must select a law firm accordingly.

     

    Tell us about your internship experiences while at university. How did they aid your development?

    The concept of internship did not exist during my college / university days. What existed and what I did sign up for was articleship (a specialized training programme required to pursue the examination of solicitors). I for one had a wonderful experience during my articled days. I was fortunate to have not one but three brilliant seniors. The experience and exposure I received was unmatched and changed my entire perception towards how Law is understood, applied and practiced. During my articleship days there was no access to computers or search engines (life without which is unimaginable by many youngsters today). All research was based on the traditional style of referring to books and a physical library and most often but not self-interpretation. It helped us lawyers from those days to hone our research skills, develop our sense of interpretation and most of all gain an all-round knowledge on various topics of Law.

     

    What led you to gravitate towards Structuring and M&A practice? What opportunities may one find in this area?

    During 1990 private equities and IPOs did not exit much and as such the corporate world mostly comprised M&A activities. Structuring became a natural choice (and is now a hobby) considering the complex Laws, most of which keep changing from time to time and the fact that no single transaction can be considered  keeping in mind only one single statue. M&A transactions at all points require the analysation of various Laws. For instance issue of a convertible security must be analysed under the Companies Act, the FDI Policy, SEBI Regulations (for a listed company) and Income Tax Act and in certain cases special statutes such as the Banking Act, Insurance Act etc.

     

    Prem-Rajani-2

    You were well placed after graduation with the then new Foreign Exchange laws coming in post 1991, an area you focus on. Having seen the law evolve and various sectors open up, how did this first-hand experience prove valuable?

    I am perhaps one of the few fortunate lawyers who saw the evolution of FDI from 1991 till date. Not only was I amongst those lawyers practicing the Law in 1991 but was also amongst those few who were then working in a corporate law firm. There has been a material shift from what Laws were in 1991 and what the FDI Laws are in 2016. One good aspect has been that during the past 25 years despite several Governments coming up no Government has reversed the FDI Policy. If at all, each Government has systematically liberalised the policy. The current Government has also been quite active and liberalised the policy significantly within the last 2 years. However, liberalisation at each stage has been well guarded and though one may find that there are still some restrictions, under the given economic situation of the country and the globe at large, personally I feel some of the restrictions and regulations are necessary in the interest of the nation.

    As for my personal experience, I have first hand witnessed the initiation and then the journey of FDI in this country. It has given me the advantage of knowing and understanding each stage of liberalisation. I have had the chance to follow why a certain sector was so heavily guarded and why certain sectors have slowly and gradually been liberalised together with the thought process for each change. All of this has made my journey as a lawyer very exciting.

     

    You have been ranked by Chambers and Partners and IFLR1000 as a leading lawyer for M&A in India. Could you tell our readers more about what this practice entails, for anyone who may be interested in taking it up?

    As stated earlier M&A is an interesting field of Law and one needs to have an overall 360 degrees view and knowledge of the various direct and ancillary Laws involved. For instance, in case of acquisition of a listed company by another listed company one needs to analyse the applicable provisions of the Companies Act, SEBI Takeover Regulations, Insider Trading Regulations, Listing Regulations, FDI Policy (in case there is a significant foreign shareholder) Competition Act, Income Tax Act, Stamp Act and in the event the target company is engaged in any specific sector (viz Banking, Insurance) then those specific statutes also need to be studied. Along with all of this, there is also always a complex grid of transaction documents to be drafted or reviewed. All of this needs proper synchronization amongst various service providers to ensure that both parties to the deal eventually get what they have bargained for.

     

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

    The challenges faced by me when I started this law firm in November 1999 are different then what are faced by start-ups today. During 1990s, in a year only two or three new firms were registered or formed, while currently there are almost twelve to thirteen new law firms coming up each year. During 1990s, most founders /partners would usually have 10 to 15 years experience before starting their own firm; but of late I have seen that there are some of the law firm’s with partners having 5 to 7 years of experience. Some of the young law firms start out on the promise or assurance of a handful of clients and that is exactly where these law firms should be cautious, in as much as one cannot start the law firm on the strength of 4-5 clients promising some business. Also all clients at the end of the day expect quality work and at no cost should that be compromised on due to inexperience or the lack of a team.

     

    prem-rajani-1

    Rajani Associates has consistently been ranked at the top in dealing with Asia-Pacific M&A. Has there been a specific push towards this sector and how have you remained the best?

    We are thankful that we continue to be ranked in the top in dealing with Asia-Pacific M&A. There is no specific push towards this sector. It is just that our work speaks for itself backed by the good wishes and recommendations of our clients and occasionally the counter parties in a transaction.

     

    As Managing Partner of the firm, what is an average day at work like? We would love to hear about the day-to-day responsibilities that need to be handled by someone in your position.

    I am usually in the office by 9:30 -9:45 a.m. and leave around 10:00 p.m., which is nearly 12 hours in the office. Though the Managing Partner, I still enjoy hands on work in any transaction, more particularly transactions that involve conceptualisation and structuring (whether Corporate or Litigation) and at times negotiations. During the day, in addition to working on some transactions, I also need to devote time to meet clients as well as discuss office related issues with the partners and occasionally also spend time with some associates. All of this goes towards grooming budding lawyers that are the future. No doubt there is a support staff, but there are occasions when some decisions do need my intervention. In addition to all this I enjoy speaking at Seminars (which requires me to spend more time reading and updating). And above all is the updates in Law. I spend my weekends reading the latest in Law, be it judgements or reforms in statutes or policies.

     

    What advice do you have for fresh graduates who are entering law firms as an associate? What can they be expected to be judged on?

    As I stated earlier, my advice to the fresh graduates is that they must spend at least the first two – three years in pursuing a litigation practice and amongst other substantial statutes they must read and understand Transfer Property Act, Sale of Goods Act, Trust Act etc. These mother Acts form the basic foundation of knowledge which sadly most of the young generation of lawyers are choosing to skip in the lure of directly studying and practicing the specialised statutes. Specialised statutes are very important but without the basic knowledge of substantial statues, young lawyers will find interpretation and drafting a legally enforceable document a bit challenging.

     

    Finally, what is your parting message for our readers?

    Unlike some of the other professions (Medical, Engineering, MBA) that have a high entry barrier requiring extensive hard work even before graduation, the legal profession has fewer entry barriers. Challenges for lawyers begin after they pass Law. The statutes keep changing from time to time, new judgements keep updating interpretations from time to time and more importantly one’s own ability to interpret Law develops from time to time. A lawyer is required to read and update himself or herself on a daily basis and throughout his or her professional career. A lawyer must have the passion for reading and must be open for different views or interpretations.

  • Tarunabh Khaitan, Associate Professor, Oxford  Univ, on pursuing BCL, M.Phil and D.Phil from Oxford, being a visiting scholar at NYU

    Tarunabh Khaitan, Associate Professor, Oxford Univ, on pursuing BCL, M.Phil and D.Phil from Oxford, being a visiting scholar at NYU

    Dr. Tarunabh Khaitan is an alumnus of the 2004 batch of NLSIU, Bangalore and a recipient of the prestigious Rhodes Scholarship. After completing his masters (BCL) from Oxford University, Tarunabh decided to pursue higher studies, he completed his M.Phil and D.Phil from Oxford in 2007 and 2010 respectively. Tarunabh is an Associate Professor at Oxford currently, he teaches Constitutional Law and Jurisprudence to undergraduates, Discrimination Law to graduates, and supervises research in his areas of interest.

    In this interview he talks about:

    • Studying at NLSIU and at Oxford.
    • Building a profile and SOP for pursuing further studies at the best universities.
    • A bit about the
    • His experience working as an Associate Professor at Oxford and as a visiting scholar at New York University.

     

    How would you like to introduce yourself to them?

    I am an academic working on law and legal theory.

     

    Did you have lawyers in your family or in close proximity? How did you come to touch with law?

    I don’t have any lawyers in my family. Where I grew up law wasn’t something one aspired to. A more urbane cousin passed on the law school prospectus and I gave it a go—entirely serendipitous. This chanced encounter with the law motivated my discussions with Shamnad Basheer on the need for diversity in law schools. I am very pleased to see his dynamism and energy in taking the IDIA (Increasing Diversity by Increasing Access) project from strength to strength.

     

    How was your law school experience at NLSIU? Do you recall your first day at the Halls of Residence? Would you like to share any observation/memory from those days?

    I loved my time in law school, largely because of the friends I made, and because that is where my political education happened. My politics and history classes and my internship with Aruna Roy’s Mazdoor Kisan Shakti Sangathan (MKSS) early in my law school career were particularly instructive. These early influences have continued to shape my thinking and career ever since.

    I don’t recall my first day at law school, but I was probably very nervous and convinced they made a mistake in letting me in. Everyone else seemed cleverer. In hindsight, despite many positives, I don’t think law school challenged me enough academically. With some honourable exceptions, most courses required minimal effort, and reading cases or articles was entirely optional. I got a lot out of those five years and wouldn’t change that for anything else, but Indian law school needs to do a lot more to deliver on their primary mission of teaching law to young minds, and to help them think independently about the law.

     

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

    I was interested in public law and human rights law. My interest in these fields has continued, although I engage with them through a theoretical lens mostly.

     

    How do you think a law student can build up his profile to get through to top-notch universities like Oxford? What should one do differently in college if he wants to pursue higher studies after graduation?

    Most people in law school are very clever. Effort and motivation is the main thing that makes a difference. Most postgrad universities care about academic excellence alone. If you want to join the academy, more important than strategically designing your profile is to have a genuine love for scholarship—if you have that craving, you are likely to do the right things. So it is useful to ask yourself why you want to join the academy, what you think the role and purpose of a university is, and whether and how your personal goals interact with the point of scholarship.

    That said, investing in learning how to write well can help. Indian law schools typically require you to do a lot of writing, but good feedback on improving your style, structure, argument and content is rare. I learnt the importance of clear, simply-communicated scholarship during my time at MKSS rather than at law school. To paraphrase a conversation over a dinner with Aruna Roy some 15 years ago, I remember her telling me that a polity needs good scholarship, but one that is readily intelligible. It was an important lesson.

     

    What was your area of study during your masters at Oxford? What was the academic pressure like and did you find time to engage yourself in other activities?

    I focussed on jurisprudence, human rights, constitutional theory and the penal system for my BCL. My doctoral research was on discrimination law theory, which was eventually published by OUP last year.

     

    How did you take the decision to pursue higher studies? How did you go about choosing the programme and the university?

    Like Edward Said, I believe that the role of an intellectual is to speak truth to power. It is the truth-seeking purpose of scholarship that underscores the importance of academic freedom. As for choosing Oxford, I got a scholarship to go there: that mostly did it.

     

    What was your first reaction on learning that you are being awarded the Rhodes scholarship? Do you recall the first few days and the interview?

    I was very happy, as one would expect. It has been a while (more than a decade), but I think most questions were character-oriented.

     

    How did you go about writing your résumé and most importantly, your Statement of Purpose?

    Not sure what résumé I submitted then, but I have come to realise the importance of short résumé, no more than one and a half sides. Selection panels include busy people, who have little more than a few minutes to make an initial judgment. Be kind to them, give a clean, professional résumé with your most important achievements. For the SOP, get as much feedback as you can on early drafts—from friends, family, professors, anyone whose opinion you care for. Make every sentence mean something. Keep it direct, personal, and honest. Don’t do platitudes.

     

    What would be your advice to our young readers who would like to apply for Rhodes scholarship in future? What all does it take to have a brilliant profile good enough for the Rhodes?

    I don’t think there is a formula. Rhodes scholars are a very diverse bunch, and there are many different ways to succeed. It is also important to remember that while the Rhodes Scholarship is valuable, it is not the only available door. While the role of luck cannot be discounted, if you have worked hard, something worthwhile should turn up. Being at an elite law school is already a position of immense privilege, one that secures opportunities not available to many others.

     

    How was your experience at Oxford? What are the classes and professors like? Are the classes more interactive?

    Oxford undergraduates are taught mainly in tutorials where 2 students meet a tutor for an hour once a week to have a pre-submitted essay dissected in detail. The contact hours are few—an undergraduate student typically gets 12 hours of tutorial in total in an 8 week term. But the intensity of exposure is staggering: there is no place to hide, not for the student, nor for the tutor. Lectures are mostly optional and students choose to go if they like the lecturer. Graduate students are mainly taught in larger seminars of 10-15 students, although they also get a limited number of tutorial exposure. The mainstay of the student experience here is the astonishing amount of self-study expected from students. A typical undergraduate student will normally read about 6-10 cases and 4-8 journal articles every week—graduate students read even more.

     

    tarunabh-khaitan-2

    How rigorous was the academic schedule? Would you say a doctorate from Oxford can help make a good grounding for a career in academics?

    Research students don’t have any schedule, it is really important to be self-disciplined and be passionate about your research to keep going. Research can be a lonely and daunting process, and your relationship with your supervisor is the key. I was lucky to have a great supervisor in Nick Bamforth, I also know people who were less fortunate. A good doctorate is increasingly becoming absolutely essential to a career in legal academia. I would recommend prospective research students to make early informal contact with potential supervisors. Doctorates in the UK tend to take a lot less time than they do in the US.

     

    How is your experience of teaching at Oxford? Which subjects do you teach? How are the current batches of students whom you teach?

    I currently teach constitutional law and jurisprudence to undergraduates, discrimination law to graduates, and supervise research in my area of interest. I find that teaching feeds into my research in interesting ways, and with the best students, I frequently learn as I teach.

     

    Do tell us more about the Global Research Fellowship Scheme, 2016 and your experience at NYU.

    I am on sabbatical for the rest of this calendar year. I am currently visiting the law school at the University of Melbourne, and plan to spend a few months later in the year at New York University. It is just a time to get out of Oxford, learn a bit about how things are done at other universities, and get some research time without the pressures of teaching.

     

     

  • Hormaz Daruwalla, Equity Partner, Khaitan and Co., on a career in taxation law

    Hormaz Daruwalla, Equity Partner, Khaitan and Co., on a career in taxation law

    Hormaz Daruwalla graduated from University of Bombay in 1987. He started his career as an Advocate with Crawford Bayley& Company, handling cases pertaining to indirect tax under Mr Dadi Engineer.

    In the year 1992, Hormaz started his practice as a Counsel at the Bombay High Court and joined the Chambers of Senior Advocate Mr Atul Setalvad.

    Hormaz is well respected and is a specialist in the fields of customs, central excise, service tax, foreign trade policy, special economic zones, anti-dumping, VAT and other local levies. He is particularly sought for his opinions generally on law and on the subjects he specialises in. His experience in advising clients on issues pertaining to indirect tax litigation, structuring, planning and other related issues makes him a popular lawyer among corporates. What makes him special is his ability in arguing cases before different fora including the High Courts and the Supreme Court of India.

    In this interview, he talks to us about:

    • Importance of Indirect taxation as a subject for law students.
    • Is specialisation a good thing in today’s professional world.
    • What does it take to be a good indirect tax lawyer.
    • Steps to prepare for a difficult case.

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

    I am just one of them but only have been around a bit longer. The challenges they face today, I face too. The excitement and energy they feel, I experience too. Over the years the choices I’ve made based on my thinking has determined who and where I am in my personal life as well as my professional career today. I don’t regret the choices I made but will always say I could’ve done better though.

    Were you always clear about your career plans considering you pursued commerce and went on to graduate in law from University of Bombay?

    I started with the LLB course at the Government Law College, Mumbai in 1984. At the same time, I also enrolled for the Company Secretaries course of the Institute of Company Secretaries of India. In 1987, I completed the LLB course, enrolled for the LLM course and was in my final group of the Company Secretaries course. During this period there was only one thing that I was certain about, which is that I wanted to become a Counsel. I had no clue of what subject of Law I would, if at all, specialise in. In those days we never had an opportunity to test, check, see and feel the subject you would make a career of. There were no internships as we have them today, but all I had was an open mind and the determination to work hard to become a Counsel. Those were the days when one had to appear in matters in Court and one needed a certain basic understanding of the working of the system. Working in a Law Firm would be the best training ground to get that basic understanding.  My batch mate and good friend Rohan Shah, now Senior Partner at Economic Law Practices, who had articled at Crawford Bayley & Company told me about a vacancy there. Their Senior Partner, Mr Dadi Engineer was a leading expert in Central Excise and Customs Law and needed the services of an Advocate Assistant. So I joined Crawford Bayley & Co and I remember the monthly remuneration used to be Rs 1,680/- (and this was before ‘tax deduction at source’ days).Indirect Tax was something new to me as the LLB course did not teach us even a word about it. I didn’t know if I’d like it or have the affinity for it or be able to cope with it or had the aptitude for it. But, as I said, nothing else mattered other than getting an opportunity to get on my race track to become a Counsel.

    What responsibilities you were entrusted with in Crawford Bayley & Company?

    My three years in that Crawford Bayley & Company was perhaps one of the most important periods in my professional career. It is here that I learnt a lot of what I know today. Those were the basics and the fundamentals. The systems, organisational skills, planning processes and most importantly my thinking process on issues of Law, were all formed at this stage. Under Mr Engineer I learnt to draft replies to notices and appeals. I soon started appearing before Departmental Officers and even the Customs, Excise and Gold (Control) Appellate Tribunal as it then was. Mr Engineer gave me a free hand at appearing and drafting. During this time I also got a great deal of experience in giving legal opinions on issues pertaining to Indirect Tax, as also structuring of businesses. But I must mention one thing that I practiced then which I am very glad I did and from which I have abundantly benefited, i.e. I have never said no to any kind of work given to me. This is something that I would always advise students and lawyers at least in the early years of their career.

    Please share your experience with Senior Advocate Mr Atul Setalvad.

    At the end of three years, I started as a Counsel in the Chamber of Senior Advocate Atul M Setalvad, as Junior to Senior Advocate Darius B Shroff. Atul Setalvad was a father figure to all of us. Atul (he insisted we all call him by his first name) was known for his crisp, concise, lucid and extremely effective drafting. He had the ability of breaking down extremely detailed and confusing issues into short, crisp and simple issues and he would get to the heart of the matter within no time.“Get your facts right first” he would say. Then study what the Law is, then apply the Law to the set of facts and only then look for authorities and precedents. He would be critical of people, who had such an obsession for precedents, that no sooner than you state a problem they rush off to look for a precedent. He also taught us never to argue the unarguable. This and much more is what I learnt in that Chamber. More importantly, it was a great place to learn lessons in honesty, integrity and humility. The skills and abilities that I acquired at Crawford Bayley & Company got honed, polished and further refined in this Chamber. I continued as a Counsel until October 2014 and during this period I appeared with the same enthusiasm and preparation before the junior most officer of the Excise and Customs Department as I would when I appeared before the Hon’ble Supreme Court of India.

    What was it that moved you to join Khaitan & Co after many years of being a Counsel?

    Khaitan & Co has an Indirect Tax Team of over 15 people spread over Mumbai, Delhi, Kolkata and Bengaluru.  The Firm wanted the benefit of my experience of appearing before the Supreme Court and the High Courts in high-value matters.  As I had this expertise, it was a good choice for me. Over the last one and a half years I have enjoyed working with the team and appeared in matters before the Supreme Court, various High Courts and the Customs, Excise and Service Tax Appellate Tribunal.  I am thoroughly enjoying every moment with people more wonderful than I can imagine and having the best of both, Court work as well as Chamber practice.

    At Khaitan & Co we have the best of cultures and I needn’t stress more but only say that it’s a respectable law firm based on values of fairness, integrity, diligence and responsibility and part of its ambition statement is “Earn we should but with dignity and pleasure.” Wow!

    How important is Indirect Taxation as a subject for law students?

    Sixty percent of all Government revenues at the Centre are from Indirect Taxation. That will give you an indication of how important the subject of Indirect Tax is in today’s environment. Every business, profession or calling today experience challenges and problems with taxation and in particular Indirect Taxation. Indirect Tax is becoming the biggest single cost for most businesses and if they can save a couple of percentages on that, that’ll mean a lot of money to add to their profits.  With the negative list regime under Service Tax, there is hardly any activity that does not involve taxation. Corporates are constantly seeking advice and assistance on issues of taxation, which issues are getting more complicated by the day. Every amendment, even if for the purpose of simplification, poses further issues. As I see it, whichever subject of law that a young lawyer may pursue as a career, a basic understanding of Indirect Taxation is an absolute must.

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

    Over the years I have met many law students and young lawyers who find the subject of taxation per se boring. To them I say, “It’s all in your head”, which is a fact. Students today have such good opportunities to test what they would be best at and internships are fantastic opportunities to get over these mental blocks. Very often a student may have a special liking towards a certain subject and may have the aptitude and affinity for that subject. The student may also be indifferent or have a dislike towards another subject. This indifference or dislike is mostly due to ignorance and lack of exposure in the right manner to that subject of law. I would say to such a student to not waste his internship opportunity on the subject he knows, he has a liking, aptitude and / or affinity for, but instead use the opportunity to actually intern in a subject that he is wary about. This way he can get a more accurate and correct picture of the subject and can then make a learned decision about his career choice. The different subjects in this field of law are vast and varied. It is only the person himself who needs to decide his choice of subject. It would be rather foolish for anyone else to make this choice for him. I would advise the student, in making this choice, to necessarily have an open mind free from blocks and prejudices caused mainly by lack of knowledge about a subject. His decision will ofcourse be guided by his own likes, dislikes and which will be in line with his character and attitude. And I say that he will be successful in anything he does so long as he has the right mental attitude and is prepared to work diligently an thirdly of course he must enjoy what he does.

    Do you think specialisation is a good thing in today’s professional world?

    It does not matter really whether one specialises or has a general all round practice. What is important though is that you can equally excel in any subject of law that you may choose. I would say that ofcourse today is the age of specialisation whether it is in the medical profession or in our legal profession.  At Khaitan & Co too, which is the best full-service law firm, each area of practice is handled and headed by specialists in that particular area of law.

    I feel that very often, like it happened to me, a young lawyer may not specialise out of choice but may find himself guided into a particular subject and before he knows it, he is branded as  a specialist in that subject. It is that branding that ensures that he gets work only relating to that particular subject of law which further confirms his specialisation.

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

    Indirect Tax is a subject that is very volatile as well as dynamic. This requires the practitioner to constantly be appraised of the changes happening almost every day. A lazy attitude in this regard will only mean instant death, so to speak. Only his constant updating of knowledge and information and ofcourse repetition can ensure expertise in this field. This I would say will also be true for any other practice area, but it’s more so true for Indirect Tax. The student or young lawyer desiring to take up Indirect Tax as his area of practice must necessarily be prepared to read a lot of material whether it is the constant changes or Government policies or Court decisions.  And remember, there are no free lunches!

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

    The first step I believe one needs to take to deal with errors and mistakes is to admit and acknowledge them. Unless this happens, one can never go any further.  Once acknowledged, the next step is to understand how and why the mistake happened. This will enable the person to eliminate the cause and consequently future mistakes. Mistakes are a very vital part of the learning process, one must understand that the day you stop making mistakes you stop learning and you stagnate.

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

    Preparing for a difficult case is something that I have learnt to enjoy and believe me in this profession and in the subject of Indirect Tax one can get ample opportunities for such enjoyment. To start with one needs to meet the client and listen to him carefully and attentively while he tells you all about his case. This is something where many people lack. Make copious notes and perfectly understand the facts. The next stage would be to study the various provisions of law that are applicable to the facts and then understand and set out precisely what issues arise in the matter. The wheat needs to be separated from the chaff, so to speak. It is only then, after breaking up the entire case into bits and getting to the heart of the issue, that one can start figuring out a solution or answer to the issue. The answer could be either a practical one or found in interpreting the law in a particular manner by application of well-founded principles or a mix of both. The last stage would be to support the submissions by authoritative references or Case Law as applicable.

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

    As I said I stopped having any preference for any particular kind of legal issues. What interests me though are issues that have an impact on public at large. I have always said to the tax collector “Tax if you must, but only with the authority that you may have and with the dignity that is expected of you”. In the same breath, I also say to the tax payer “Pay your taxes honestly and avoid if you pay your taxes only within limits a decent citizen would”. There is a fine line between tax avoidance and tax evasion and many a tax avoidance schemes can very well fall within the category of tax evasion. My advice to clients has always been to keep litigation to the minimum.

    All said and done, I thoroughly enjoy what I am doing now at Khaitan & Co, but do really miss what I used to do many years ago in often appearing for NGOs in environmental matters. I do try to pursue my passion for the outdoors with an occasional trek or hike and I always look forward to a long walk in the evenings to help me unwind.

    What are your views about the upcoming GST regime?

    The GST regime is something that has attracted a lot of speculation. I wouldn’t want to add to this. Though I will say that it is a brilliant move in the right direction made by the previous Government and we all eagerly await it’s coming into effect, I don’t see it happen in the near future.  When it does come into effect, it will have many advantages to businesses. However, in the initial years all prices will shoot up considerably and will take considerable time to stabilise. Although there might be provisions for rationalisation of the tax, as I said earlier any change in the law substantive or procedural will bring up a new series of litigation which will continue for several years until settled finally. This may be good news for young lawyers.

    What would be your parting message for your readers?

    Start getting lucky and courageous in your career.

    You might wonder what I am talking about but I do not subscribe to the conventional dictionary meaning of “luck” which is “Success or failure apparently brought by chance rather than through one’s own actions.”  I would think this is an apt definition of “gambling” but not of “luck”.  But I do subscribe to what the great Roman Philosopher Seneca had to say.  He said, “Luck is what happens when preparation meets opportunity.” Opportunities come by every person in equal amounts but it’s only the one who is prepared and ready for it, who can actually see them and make good use of them. It is he who is “lucky”.  The truth is, we make our own luck and the difference between lucky and unlucky people is their level of preparedness; not only of everything else but most importantly prepared with the right mental attitude.

    Everything is constantly changing; that’s inevitable.  Change will happen whether you like it or not.  Don’t be afraid to make choices.  The wiser thing to do is to model your choices around the change to your advantage or else the change may not be to your liking.

    As far as getting lucky is concerned, start preparing for it by developing the right mental attitude.

    Get up, Get going and Good luck!

     

  • Avaantika Kakkar, Partner, Competition Law, Khaitan & Co., on challenges and landmarks of a career in corporate law

    Avaantika Kakkar, Partner, Competition Law, Khaitan & Co., on challenges and landmarks of a career in corporate law

    Avaantika Kakkar, a 2003 graduate of Indian Law Society’s Law College, Pune, is currently a Partner at Khaitan and CO., heading its Competition and Antitrust Law practice. Soon after graduating, she published her book, “A Perspective on Product Liability Law and Consumer Safety”, and she continues to take active interest in academia, especially if it is linked to Competition Law. In this interview, she tells us about:

    • The passion for indulging in research and how it helps build character;
    • Getting one’s work published;
    • The challenging path to success in a niche area like Competition law;
    • The nature of a corporate job; and
    • The importance of balancing personal and private life (with some great musical recommendations to help students find the crucial balance).

     

    How would you like to introduce yourself to our readers?

    Simply, I am Avaantika.

     

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

    ILS Pune has a fantastic library – that was my favourite hang-out. It’s a college that allows you to be what you want to be and in my time, at least, we had a very supportive and encouraging faculty. We had visiting professors who were practicing lawyers with superb independent reputations, and they allowed us glimpses into what it would be like to practice law.

    One may miss the perpetual ‘internships’  that colleges in other cities offer, but at ILS, the good part is that you have all that time for a real, college life, and you use your vacations for internships and practical exposure.

    About Pune – what can I say? I love the city and keep going back! It accommodates my beautiful Alma Mater, in the heart of the city, with its own scenic hill-side (which students and teachers of the college along with the residents of Pune have to defend against the occasional threats of flyovers and by-pass roads!).

    I lived on what constituted both sides of the city back then – ILS and CAMP area (the cantonment). The city has expanded, and too much has changed, however there is always FTII, MG Road, East Street, Marz-O-Rin and THoaks (Thousand Oaks, for the uninitiated)!

     

    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?

    Moot courts and debates, of course. But what I enjoyed most was writing – I finished my book on product liability in India while I was in college. Of course, I felt it was ahead of its time and was never the bestseller that I had intended it to be but, yes – writing it, editing it, and finally, getting it published was a great learning curve. This has helped in moulding the writer in me, and I remain deeply involved with the publication initiatives at Khaitan & Co, and I type really fast!

     

    Did you always have a passion for research or was it an acquired taste? What specific experiences or circumstances lead you to write your book on product liability and consumer safety?

    I always had a passion for research – still do.

    I guess I wrote on the subject because, in my naïve-student-mind, I felt that this was a subject on which very little had been written, and I was inspired with all that sparkle in the law of torts.

     

    What advice would you give our readers looking to enter academia and publish their own work?

    It really depends on what you are looking to publish. There are many opportunities now, with online publications for short essays and articles that make it easier than it was. I had managed some publications in international law journals that solicited legal writing by students. There is also self-publishing, whether through e-books or traditional methods (but I would use that after exhausting all other options). Law book publishers are always on the look-out for more subjects and good writing. In fact, they still receive, read and respond to unsolicited manuscripts. Then, there is the Big 6 (or whatever the number is now) and the option of publishing great reference texts or non-fiction through them, but these would have to be extremely meaningful and insightful works that interest the publisher commercially.

     

    How would you say research publications impact one’s understanding of the law and the legal system? Further, how does the same impact one’s employability or desirability to prospective employers?

    Research publications help one dive deep into the subject – you become alert to nuances and learn to articulate your thoughts. I think that ours is a field that will always value clear-thinking individuals who are able to get to the depth of a problem (and also out of it!). Quality publications (or writing) are often an ask of almost every practice, including Khaitan & Co. and Nishith Desai Associates (where I worked for a brief period).

     

    avaantika-kakkar-2

    Given your extensive work with Competition Law in India, what would you like to share with our readers about the same as a relatively newer area of law in India?

    Competition Law is exciting because it’s a developing law in India. We are a nascent jurisdiction and it is great to be so deeply involved in the creation of precedent. The really challenging (and thrilling) aspect of competition law is that it puts you in direct touch with the conduct of, and incentive for, businesses across sectors. It’s a great practice area for lawyers who like research – one aspect of this law is that both the regulator and the practitioners look for precedent from jurisdictions that have been around much longer.

     

    About antitrust and competition law in general, what experiences, internships, or other activates would you say are essential to anyone looking to specialise in this field, during or after law school?

    It helps to have studied the subject extensively (this is true for most practice areas, actually). The challenge is that the subject is not always formally taught in Law Schools so one has to look for online courses or specialised short courses, which are a good start.

    I also think that a background in M&A, general corporate and commercial laws, or litigation experience, goes a long way in making a comfortable transition into this super-specialised field.

     

    How do you see the future of competition law in India as, and what would you advise those looking to enter the same field? To what extent do you see it as a niche area within the general sphere of corporate practise?

    Yes, competition law could be a niche practice, but I think that the general sphere constitutes an overlap of corporate practice (of course) as well as litigation, commercial laws, data protection, and intellectual property laws, at the very least. I actually see the practice of competition law as rather a melting pot of all of these practice areas. Also, it is already becoming a standalone practice across the firms that were first movers in this area and in the future, I see it as a very important constituent of full service law firms. I also see a future for boutique competition law firms – in the more distant future.

     

    When and how did you identify competition and antitrust law as your specialization? How did your career path or trajectory change after that?

    (Avaantika worked earlier at Udwadia & Udeshi in their general corporate advisory, and later moved on to broader corporate and commercial matters at Nishith Desai Associates)

    My varied background and diverse experience with complex corporate structuring, advisory work on the commercial side, transactions on the secondary market, my exposure to listing work as well as going private (delisting transactions) and the time that I spent on structured finance and the contentious matters that I was involved with, have all helped me work as a competition lawyer who has some value add.

    I know that today, there is a strong emphasis on specialisation from the day that students graduate – I think this is an unfortunate development of our times, and I was lucky that I had mentors, great guidance and the opportunity to choose specialisation when I had had at least 6 years of varied experience across practices.

    My career path is largely in line with what one may expect. Competition law allows for intellectual satisfaction and deep academic fulfilment.

     

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

    (As a partner at Khaitan & Co Avaantika has led multiple mergers and acquisitions, and acted as an advisor on many transactions and joint ventures, etc.)

    It’s the same everywhere, really. I don’t know of any job that does not demand a deep mental and physical commitment from you. It helps if you let this great profession define who you are. At some level, it impacts who you are as a person, which is not always a bad thing.

    Take some time off, read, get some exercise (or, watch a movie!), spend time with your family, but be equally focussed and committed to your profession.

    I haven’t really found the answer to how one copes with the demanding nature of a job – the truth is, you just have to find balance whenever you can, and it isn’t a very precise scale that you weigh your experiences on!

    It is obviously great to cultivate hobbies and have interests outside of work but there will be days, in fact, weeks and sometimes a few months, when it will be maddening! This is also where the organisation that you work with comes into play – do they care?

     

    What would you like to say about the trade off, if any, between a personal life outside the office and effort required to make it as an advocate?

    Law is a bad wife. But, she makes a good mistress, right? You have to be there for her!

    The law, the practice of medicine and at least a few other jobs (rather professions), do require us to be on our toes, work hard, work smart and do what it takes to stay relevant. This is a constant, unending process (I am sure most senior, successful doctors and lawyers would vouch for this).

    It helps to surround yourself with family (and friends) that support your passion and your ambition – this is often tougher than finding balance at work (because we don’t always get to choose our families!).

    Having said this – prioritise your work. Prioritise your life. I don’t think that we can lead a life without regrets, but regret is an avoidable circumstance! Some things are pretty obvious – I, for instance, would take no pride in describing how I missed out on important moments in my life or with my family. But, at the same time I take great pride in my work and am unapologetic about its excruciating demands – my work defines who I am – this is who I hold myself out to be – there is therefore, no scope for any misrepresentations!

     

    Finally, what would be your parting message for our readers, most of whom are law students and young lawyers?

    Work hard, work smart – most of all, enjoy what you do. Give in to the effort that it requires, don’t feel sorry for yourself and try not to take yourself too seriously.

    I love advising students to read (possibly listen to) Baz Lurhmann’s words. Also, listen to The Gambler by Kenny Rogers – let it play in your head and guide you as you make the choices that will come to define you, as an individual and as a professional.

  • Aditya Shamlal, Partner, GameChanger Law Advisors, on career experience in Sports Law

    Aditya Shamlal, Partner, GameChanger Law Advisors, on career experience in Sports Law

    Aditya Shamlal graduated from the National Law School India University in 2008. He has worked as an Associate at Amarchand Mangaldas and thereafter at the Chambers of Raj Panwani. He is at present a Senior Consultant at GameChanger Sports Ventures, a Partner at GameChanger Law Advisors and Managing Editor at gamechangerindia.com. In this interview he shares his insights on:

    • Choosing law as a profession
    • His time at NLSIU
    • Working at GameChanger, India
    • Experience in Sports Law

     

    How would you like introduce yourself to our readers who are mostly law aspirants, law students and young lawyers?

    I am a graduate of NLSIU, Bangalore, Batch of 2008. I have, during my 7 plus years since graduation, gained experience and worked in various practice areas within the legal industry, such as corporate and commercial law, environmental law, technology law, sports law and dispute resolution. I am an avid sports enthusiast and do regular research and writing within the sports law domain.

     

    Did you always want to be a lawyer? Did you have lawyers in your family or among relatives who motivated you to pursue law?

    As a child or even till I was 14-15 I never really thought much about a career and I don’t think I was particularly ambitious either. I was quite content with playing sports with my friends, playing video games and studying when required to. The first profession I seriously thought of was law.

    However, I did not have any lawyers in my family or even among distant relatives. No one in my family really knew what being a lawyer meant. I first discussed this with my family in 2001-2002 and their only idea of a lawyer (and consequently mine) was an advocate who practiced in the courts.

     

    What inclined you towards the field of legal education? Can you recall any specific incident that made you choose law as a career?

    My favourite subjects in school were English and Social Studies. Our civics course had chapters on the Constitution of India and that first got me interested in the ‘law’. By the time I was 14-15 years old, I had displayed a higher aptitude for English, History, Political Science and Economics over Math and Science. My school at that point of time did not offer arts courses as an option for the 12th Board examination. I was left only with the options of commerce or science and chose science to ‘keep my options open’.

    Sometime in 2002, my English teacher, who herself was an LLB graduate from Delhi University, suggested I consider law as a possible career option, as she felt I had an aptitude for it. This got me thinking about law seriously, and after doing a bit of research on the options available and the exams to be written, I decided to go ahead and write the legal entrance exams.

     

    How would you describe your experience as a student at NLSIU? How instrumental was NLSIU in shaping up your legal career?

    NLSIU was a great place to study law. While NLSIU, like every other institution in India, has its own problems and issues, those 5 years completely changed the direction of my life.

    I believe NLSIU has been extremely instrumental in shaping the legal career of almost all its graduates and the NLSIU alumni community is now understanding that, and consequently are more invested in the institution than before. NLSIU has churned out leaders in advocacy, law firms, companies, public policy institutions, academia, social work and quite recently in entrepreneurship as well. This would not have been possible without the institution providing a conducive atmosphere for learning. In addition, the institution has also provided us with other building blocks (such as exposure to so many different situations, the ability to build powerful networks, development of communication skills etc.) that have stood us in good stead way after our graduation. Therefore, there is much reason to be grateful to NLSIU!

     

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

    Economics, Company Law, Intellectual Property Law, International Law were the courses I enjoyed the most during college, I would be lying if I said I went around developing any sort of expertise in these areas during my college days, apart from during internships, which necessitated doing reasonably in-depth research with respect to real world circumstances and scenarios.

    Most of my extra-curricular activities were centred around sports whether it organisationally or in the form of participation. I played basketball briefly for the university team, and otherwise participated yearly in inter-batch sports activities like basketball, football, tennis and table tennis. I was also on the sports committee for a year.

     

    Tell us about the internships you pursued when at law school. What kind of work did you get to do during internships? Did law school equip you enough for internships?

    I did mostly litigation internships with NLSIU Alums in the Supreme Court and Delhi High Court for my first 3 years in law school. In my 4th and 5th years I did more corporate internships by interning at law firms and at banks. The education at law school, whether relevant or not specifically with respect to subject matter, in general armed me with the tools I needed to tackle any legal problem thrown at me during my internships.

     

    Right after graduation you joined as an Associate in the New Delhi offices of Amarchand Mangaldas. Tell our readers what was your work profile at this Law firm? What did an average day of work look like?

    I joined the erstwhile AMSS, Delhi in 2008 and worked there for a period of 2 years. As a fresh graduate in a large law firm it is sometimes tough to hit the ground running. Often you were put in a practice area you did not understand and it can be quite a challenge coming to grips with the major legal issues and nuances of a particular practice area.

    As a junior resource you work profile includes doing all of the ground work in the form of research; preparing first drafts of opinions, legal memos and agreements; conducting due diligence exercises; maintaining files, taking minutes at meetings, assisting your immediate reporting senior associate or your partner in whatever way possible. An average day in Amarchand is quite hectic, you are almost always occupied with most of the tasks I have already mentioned.

     

    Please tell our readers what was the procedure you followed for your applications to the big law firms?

    We had a robust recruitment committee during my years in law school, and the big law firms, both Indian and from the UK, were recruiting actively from NLSIU. We routed our job applications through our recruitment committee and some students had already landed jobs through pre-placement offers on the basis of internships.

     

    aditya-shamlal-2

    You have further worked in litigation for about 2 years. Kindly in brief share these experiences with our readers.

    After walking into NLSIU in 2003, joining a litigation practice in 2010, was my biggest eye opener. During my time at AMSS, I had the opportunity to work on all kinds of projects, but due to the way large corporate firms are structured, my client or ‘real world’ exposure was fairly limited and junior resources in large firms are generally sheltered and insulated from the big bad world.

    Juniors in Litigation, especially outside of the larger firms, have no such protection afforded to them. You are quite literally thrown into the deep end, whether it is drafting, or filing a suit or petition, sitting in client meetings and gleaning facts from your clients, sitting with senior lawyers and briefing them. In litigation, every one of your skills is tested thoroughly. Whether it is the hard legal skills of drafting or research or soft skills in managing client expectations and dealing with the registry, all your work and life experience will come into play when working in litigation and therefore, to me at least, it was one of the more challenging experiences of my life.

     

    Take our readers through this wonderful transition and journey you have experienced and kindly share your legal insights in sports issues.

    (Thereafter Aditya joined GameChanger Law Advisors as a Senior Consultant and as the Managing Editor of gamechangerindia.com and finally became Partner of GameChanger Law Advisors.)

    GameChanger Law Advisors (a legal advisory practice) and GameChanger Sports Ventures (a consultancy and online web magazine on the business of sport) was founded by Amrut Joshi (NLSIU, Batch of 2003) in the year 2011. I was always interested in sports law and sports businesses and most of my friends knew of that interest. I was put in touch with Amrut through a common friend and I wound up joining both the law firm and the consultancy in 2012. Initially, it was just the two of us in the law practice.

    GameChanger Sports Ventures was conceptualized as a sports business consulting firm to provide niche consulting services to the sports industry (such as sponsorship consulting, social media marketing, and other advisory services). While Amrut and I were responsible for shaping the content platform i.e. gamechangerindia.com, Prantik Mazumdar (who is a reputed digital marketing consultant in Singapore) was leading the execution of all consulting assignments.

    The idea was to bootstrap the sports consulting venture with revenues earned from a pure play law practice (i.e. from GameChanger Law Advisors) and from a social media consulting practice (in Prantik’s case). We straddled our corporate and commercial law practice with GameChanger Sports Ventures’ work for the first few years. However, due to Amrut’s and my legal experience, the law practice continued to get stronger (as a result of a strong startup ecosystem in both Bangalore and New Delhi), and we eventually pivoted to a model where we were exclusively focusing on pure-play legal services, which included assisting clients on Angel/VC investment transactions, technology licensing transactions, commercial contracting, sports law and employment law advisory All the while, we have continued to retain our focus on servicing clients in the startup and sports industries.

     

    Please tell our readers about GameChanger Law Advisors, its area of operations, services offered. What was the thought process behind joining GameChanger Law Advisors?

    GameChanger Law Advisors, is a boutique commercial law practice that is focused on servicing clients in the Startup, Sports and SME ecosystem. We currently have full-fledged offices in Bangalore and New Delhi. Our core areas of practice are:

    • Corporate and Commercial Law Advisory;
    • Employment Law Advisory;
    • Angel and Venture Capital Investments;
    • Mergers and Acquisitions;
    • A specialised practice supporting the Technology and Media industries; and
    • A specialised practice supporting the Sports Industry.

    The thought process behind joining GameChanger Law Advisors was that I wanted to work in industry areas in which I am interested. In addition, I had a unique opportunity to build a law practice that is modern, contextual and meritocratic in its outlook. The decision was borne out of that interest, it was an instinctive decision taken after weighing all the pros and cons of leaving an established practice area and attempting to develop and carve out a niche for ourselves.

    Company Law applies equally to any company irrespective of the industry it does business in. Our value addition as corporate and commercial legal counsel stems from the fact that we strive to obtain a deep understanding of our clients’ businesses and their commercial considerations and pinpoints, while rendering our services. The fact that Amrut and I were able to obtain a substantial amount of first-hand non-legal business experience also helps us when we share our experiences with Founders of startups now. As much as it is a cliché, we believe that we will only be successful and relevant to our clients if we provide advice that is practical and not merely by reading to them the plain letter of the law. .

     

    How did your interest grow towards sports law as this an area less travelled by corporate lawyers?

    I used to watch and play quite a few sports growing up. Watching and reading about sports like Football and Basketball got me thinking about how sports are a reasonably structured business in the West. Sports as a business in India was only unlocked in the early 90’s with lucrative TV deals for cricket broadcast and sky high endorsements for Sachin Tendulkar. Even as recently as the early part of the last decade, sports business in India was equated with just cricket. Since then however, the business of sport in India has evolved gradually. The last few years has seen the advent of leagues in sports such as Football, Kabaddi, Hockey, Badminton and Tennis. These leagues are now spawning a professional ecosystem, which comprises not just the players but also other stakeholders such as sponsors, franchise owners, broadcasters, infrastructure providers, coaches, medical staff, player agents etc.

    The growth of this ecosystem has also gradually increased the demand for specialised legal services to support different stakeholders in the sports industry. Sports Law, in our view, is “applied law”, and is a discipline that requires a good working knowledge of several other bodies of law such as contract law, constitutional law, administrative law, intellectual property law and company law. You cannot be a good sports lawyer unless you are a good lawyer!

     

    How is the work life at GameChanger Law Advisors and how do you maintain the work and family life balance?

    We strive hard to maintain a work-life balance at GameChanger. However being a young firm, with a growing client base, work-life balance is sometimes a luxury that we cannot afford. Those situations notwithstanding, we try to make sure that we don’t unnecessarily keep long hours. We try and make sure that the entire team gets a complete break on Saturdays and Sundays so that we are fresh and ready to deal with new challenges at the beginning of every week! Being a small team, we are also flexible with leave and holiday requests- the team tries its best to cover up for any person who is on leave/vacation, so that the vacation/leave can be used for its actually intended purpose! Having said that, if there are unavoidable situations at work, which require us to be available for clients at late hours or on weekends, our team members are game to accept such challenges too!

     

    You have various publications on sports law to your credit. Kindly share your experience with young readers and how your interest was drawn to this field.

    Publications are something which I didn’t really take to seriously in Law School. I didn’t attach to much importance to it at that point of time as I viewed it as an exercise which requires too much effort for no tangible result. Only once I started working did I realise the value in writing. Legal writing truly hones your theoretical skill and grasp over the subject at hand. In addition, it helps you to express your views, strive towards paying attention to detail and reach a target audience that is relevant to your practice. As a firm, GameChanger Law Advisors puts a lot of emphasis on legal writing, not just in the field of sports law, but also other areas of law such as corporate law, administrative law, employment law and contract law.

    If I have any advice for a young law student, it would be to use the opportunities during college life to get published as much as possible. If a subject interests you, write about various topics that are current and relevant to the legal debates of the day. It is an extremely handy skill-set to have and something which in my view will never go to waste.

     

    Do you have any plans to pursue higher education in the future specially in sports laws?

    No current plans to pursue higher education, in sports law or otherwise, though I would love to do a sports law related LL.M so I would not rule that out for the future if the opportunity ever presents itself.

     

  • Abhijit Joshi, Founding Partner, Veritas Legal, Ex-AZB Senior Partner on starting up with Veritas

    Abhijit Joshi, Founding Partner, Veritas Legal, Ex-AZB Senior Partner on starting up with Veritas

    Abhijit Joshi is a founding partner of Veritas Legal, Advocates and Solicitors, and is also a qualified member of the Law Society of England and Wales. Abhijit graduated in Commerce and qualified in law from Mumbai University. Over the course of his career he has worked at Amarchand Mangaldas, Dua Associates and AZB Partners. In this interview he talks to us about:

    • How he selected law and his early career.
    • Criteria for selection of associates while recruiting.
    • His formative years as a lawyer and his time at Amarchand and AZB.
    • Veritas Legal and its rapid expansion as well as advice for our readers.

     

    How did you decide to pursue law as a career option? Were there other lawyers in your family?

    My father passed away very young and what is not untypical of Indian families all our properties went into disputes. As a result at a very young age (school days) unfortunately I had to interact with lawyers along with my mother. It probably had a counter effect, i.e. me not wanting to take up law! So while I studied law, I never intended to become a lawyer. After trying my hand at a few things, I realized that the unplanned training I got during my childhood, had probably made me more attuned towards the profession and ultimately I decided to pursue it as a career. There is no one in my family who was ever a lawyer and I was told that this might be a serious impediment. Needless to say, I realized that if you have merit and are willing to work hard, there are no real impediments.

     

    abhijit-joshi-2

    Tell us about your schooling and college life before you graduated. Any fond memories or anecdotes that spring to mind that you would like to share with us?

    School days were great, but at the age of nine I lost one of my parents. It had an effect, but I coped well. I then went to Sydenham College for Commerce which was then a premier institution. There are lots of fond memories. I excelled at academics, I excelled at extra-curricular activities, I became the youngest chairperson of the Students Union. I found the love of my life, my wife. I probably learnt my early lessons on the importance of networking at the college.

     

    Were you always interested in corporate work? Did you have other areas of law that interested you? How did you ultimately choose your field of work?

    Corporate work has a buzz and I guess a lot of young minds would like to be associated with it. Even today, I see the same trend. I had planned nothing. I had applied to Mr. R. A. Shah at Crawford Bayley as he was the pioneer of international corporate work in those days. I was not accepted. I applied at AmarchandMangaldas and they were kind enough to take a risk on me. There were 5 to 6 lawyers in their Mumbai office in those days other than the family. I quickly realized that destiny had made the right choice for me.Amarchand was at the cutting edge of India’s economic evolution and I got to work on many of the firsts. For example, the first Euro issue, the first Cola war , etc. The firm’s orientation was towards corporate law and I eventually got interested in it and continue even today.

     

    How important is CGPA for a law student? While hiring, are you primarily looking at the academic record of the candidate or other areas like extra-curricular activities too?

    This is a good question. When you are judging a candidate by her resume, academics is going to form a lopsided part of consideration. However, I believe that in addition to academics other aspects of the personality of the candidate is what will give him/her the winning edge. I would assume that everyone is going to be hardworking, but it is important to know who has the “spark”. Personal interviews go a long way in getting a “gut” on the candidate. After having recruited for many, many years, it somehow comes to you within the first 5 minutes of the interview whether there is potential or not. But often this has not been fair to the candidate and this has to be validated by more scrutiny. For example, when you see extra-curricular activities, you see whether the candidate has all-round development. I would typically see what games the candidate has played. Is he a cricketer or is he a tennis player? In other words has he/she excelled at team games or individual games, is he/she a team player or a solo player.These are only aides, but I would admit that in a situation where there is not much to judge from, academics will have a very heavy weightage.

     

    abhijit-joshi-3

    You started your career at Amarchand Mangaldas and moved on to Dua before joining AZB. How did your initial years in practice shape your outlook?

    My initial years shaped me. My senior Mr. Cyril Shroff has left a deep impression on my work and my style of work as that is what I observed very keenly and closely during my formative years.I remember he once told me to never close the right side of a chart when you are developing options because mentally when you close it, you will feel there are no other options and you will start thinking within the box. He taught me how sound knowledge of law needs to be applied with innovation in thinking. The initial years have left an imprint on me.

     

    You have been associated with AZB for a number of years – you started as one of their first partners before being made CEO of AZB. How do you look back on your time at AZB?

    AZB holds a special place in my life and career. I got to observe another giant, Zia Mody. Both at Amarchand and AZB , I was around in their initial days of evolution and therefore I had the privilege of working very closely with both Mr. Cyril Shroff and Ms. Zia Mody. We were around 11 to 15 people when I joined AZB (then known as CZM) and the sheer joy of growth and the adrenaline was unparalleled. Working with Zia and Bahram was delightful as not onlywere they good lawyers, but also great human beings. I look at AZB very fondly. It has shaped me.

     

    Less than a year ago, you left a comfortable job to start out on your own at Veritas Legal. What prompted this move and what role do you envisage for yourself at Veritas Legal?

    I can only quote Robert Frost as an answer to this question. “The woods are lovely, dark and deep, but I have promises to keep and miles to go before I sleep.” I guess I enjoy the growth phase. I enjoy constructing. Both at Amarchand and AZB, I really enjoyed that portion of the journey. In the last decade of my career I guess I wanted to venture out and feel the excitement once again. My decision has nothing to do with any grievances about the past.It was all about the possibilities of the future. My role at Veritas Legal is dynamic at this stage. However, I do not intend to be around forever. Keeping this in mind, I did not use my name or surname in the firm name.This should never be an issue for senior talent aggregation. We have got very experienced resources. In time, I am sure they will step up and I will ease out. But before that, I would like to implement a lot of what I have learnt- what should be done and equally what should not be done. There are a lot of ideas that float in my mind. A lot of initiatives that I could not take up earlier. I intend to live each one of them. I see cultural integrity as a core part of the value system. I see value systems as the only cohesion at work place. I see that only these values will allow resources to flourish and bring excellence at their work. I hope that these will stay central to our growth and we will make all endeavors to see that these are not compromised at the altar of growth or success.

     

    How did large corporate deals come your way and what do you feel for your firm’s success?

    (In its relatively short period in existence, Veritas Legal has already completed around 27 transactions in the field of M&A and private equity. These include transactions for Recipharm in the acquisition of Nitin Lifesciences which is the second largest deal in India in the injectable space and Evonik acquisition of Monarch Catalyst.)

    We have more than 200 filings in various judicial fora. These have come from various sources and from all directions. I am more than pleased at the firm’s performance in the first year. But I take cognizance that the 2nd year will be more challenging than the first. We are determined to work hard and stay focused on our beliefs and hopefully better times will follow.

     

    Do you think the firm might perhaps be growing too fast or is hiring based on the amount of work you have to handle?

    (From having started with just two members, the firm has grown in strength to over 35 people with 25 lawyers in such a short period of time.)

    Yes, I think we have grown faster than we would have liked. However, we have not gone out and recruited anyone. The resources have been referred to us and we have recruited selectively. As matters kept coming, we kept increasing our strength to ensure that there is no burn in the system. Therefore, the growth is more a reflection of the thrust of the economy as opposed to a planned one. In fact, we have no numbers in mind. We have only quality in mind and whatever number is necessary to support the quality will be achieved.

     

    What do you expect from first year associates or interns from law school who wish to work for your firm?

    I do not have any eligibility criteria for interns. How do I put criteria on a student who is himself/herself discovering life? There are only basic attributes of hard work and inquisition. I love working with curious minds. I guess this is inherent and if the resource has it, it will show.

     

    Where do you see yourself and your firm ten years from now?

    Ten years is a long time. However, I hope that we are known for the job we do. We do not necessarily need to do everything, we do not necessarily have to be a size, but we necessarily have to be a happy place to work in and we necessarily have to be excellent at our work. I have a journey in mind with these values. The destination will reveal itself in good time.

     

    You are a member of the Law Society of England & Wales and qualified as a solicitor in England. How does one qualify as a solicitor in England and what advantages do you think it poses?

    Degree as such has a limited value. The knowledge you derive in gaining the degree is invaluable. Having a solicitor’s degree from England to my mind has limited value if you are practicing in India. It is not a “must have”, it is “good to have”.

     

    Finally, what is your parting advice for our readers?

    When I started my career, someone gave me a quote which went as under “Don’t learn the tricks of the trade – learn the trade”.I do not think that I can summarize my advice any better.

  • Yashasvi Nain, Hans Wilsdorf Scholar at Geneva Academy, on working in International Humanitarian Law and Human Rights

    Yashasvi Nain, Hans Wilsdorf Scholar at Geneva Academy, on working in International Humanitarian Law and Human Rights

    Yashasvi Nain graduated from the Rajiv Gandhi National University of Law, Punjab in 2013 and went on to do an LL.M from the Geneva Academy of International Humanitarian Law & Human Rights. He is also a recipient of the Hans Wilsdorf scholarship and has worked extensively with the UN on various projects and in different capacities. Currently he is working on a UNHCR project to do with statelessness and a few other projects still in their developing stages. In this interview he talks to us about:

    • Choosing Human Rights as an area of specialization
    • His various internships and experiences ranging from working at the Supreme Court to AALCO to the UN
    • His time at the Geneva Academy and how he received the Hans Wilsdorf scholarship
    • Working at the Universal Centre of Human Rights (London), the UNHCR and the UNHRC
    • Advice for readers contemplating commencing a career in the UN

     

    Please introduce yourself to our readers. Which factors do you believe shaped your decision to pursue law?

    I belong to Jaipur, Rajasthan. I am a lawyer, specializing in the field of public international law.

    Like any other city in India, in Jaipur, one can start early on their chosen field, which is mostly medicine or engineering. So, I started preparing for medico entrance examinations. I agree I was doing that half-heartedly, but then, my father who is an advocate told me about CLAT and related avenues. Out of all of them, I found that Human Rights requires much work to be done by a lawyer. I have always wanted to spread awareness about these basic rights in society and this was the prime reason why I chose law.

    Eventually, I did my B.A., LL. B (Hons.) from Rajiv Gandhi National University of Law, Punjab. That was followed by LL.M from the Geneva Academy of International Humanitarian Law & Human Rights which is a joint center of the Graduate Institute and University of Geneva.

    Currently I am working on a UNHCR project which deals with the issue of statelessness.

     

    You have had some very unconventional internships through your law school years with prestigious organizations. Could you share your experiences there?

    Well, after doing internship with law firms in the first two years of law school, I realized that this is not the kind of work I would like to do in long run. In fact, I enjoyed working in my dad’s office during vacations, more. It is about what you find challenging as a budding lawyer and pursuing that when you intern. That’s why I opted for options other than a law firm.

    I worked as a law trainee to a Supreme Court judge. I got this traineeship though my university. It was the first time I got to learn from the other side of the bar i.e. from the bench. The work was good – mostly attending court proceedings, preparing the briefs for the Hon’ble Judge. It was nice sometimes to have discussions with the Judge and to get to know his point of view.

    I also worked with ICRC and it was a great experience. This was the place where I actually got the first taste of working in an international organization. Especially with a multinational and a multi-cultural team. It was really fun, and I learned a lot, and it influenced my career. I was given independence to do my assigned work and was even appreciated by the supervisor at every good task. The feedback at such organizations is prompt and you learn so much. As an intern, I realized how positive you feel when you get appreciated and acknowledged for your work. It encourages you at the right stage of your life and you get the confidence to take on bigger tasks.

    I also interned with AALCO, which was also an International organization. Here, I got the chance to attend various international seminars and conferences organized by AALCO. It was very useful from the knowledge point of view and I actually got to know various national and international law issues in depth. After that I researched with various scholars, Embassies and International organizations.

    All these internships and work experiences helped me stay comfortable while working with OHCHR at Geneva. Though I was impressed by the work culture there. From juniors, to the most senior person there, all work like a team if they are working on a project. It has a very wide variety of work like declaration drafting, followed by negotiations and being a part of the working groups.

     

    When did you decide to create for yourself a career in Human Rights law?

    As I said, my father was the first person to counsel me about the role law can play in realizing the most basic rights in society.  And during college as well, I was always fascinated by Public International Law and not just Human Rights specifically. My friends Rishab and Arnab shared this view. I remember we asked the authorities so much to start an international law specialization group in my University, because we didn’t get a sufficient number of students to start the specialization.

    During my 4th year of law school I chose to intern with ICRC. I loved the work and that motivated me more, to work in International Humanitarian Law. After that I got chances to work on International Criminal Law, Peacekeeping Operations, International Refugee Law, Internally Displaced Persons, migration in International Humanitarian Law and Human Rights Law, in various capacities.

    My future internships were directed towards specializing in international law thereon. During my final year of law I got an offer letter for an LLM course from Geneva Academy (known for its LLM in IHL & Human Rights) and MIDS (known for its LLM in dispute settlement). It was a tough call but I ended up accepting Geneva Academy’s offer. All my experiences during my internships, whether they were related to work culture or the kind of work, helped me make up my mind to pursue international law.

    At this stage as well as earlier, I do what I like doing the most and am not swayed by any other factors whether economic returns or what others are doing. This is the sole motto that gives me work satisfaction.

     

    Can you tell us about Human Dignity International?

    I give the entire credit to Late Prof. (Dr.) S.R.S. Bedi. Under his guidance RGNUL started a specialization in international law. Unfortunately he passed away some time before my graduation, but in order to continue his vision and idea of human dignity, I started this organization. It mainly focuses on research in the field of international law and on letting students know about the importance of international law. This is done by giving them opportunities through various research projects. I also got good inputs on this one, by many professors and international law experts around the world, who agreed to be part of it in various capacities.

     

    What shaped your decision to create a career in Human Rights? How did you go about the application process?

    (Yashasvi went on to pursue an LL.M in International Humanitarian Law and Human Rights from the prestigious Geneva Academy of International Humanitarian Law & Human Rights, Geneva.)

    As I mentioned earlier, I interned in various capacities in order to find out where my actual interest lay.  I was not quite attracted to the work in law firms. I wanted a multi- faceted work front which dealt with international law.

    I started working on my application almost a year before graduation. It is very crucial that you write a good application and get recommendations from persons who know you and your work potential. I appreciate my friends who reviewed my SOPs and helped me replicate what I actually felt. Both these factors go into any good application. In general the application process for Geneva Academy is not very technical. There is no application fee. You have to do everything online. You need your transcripts, recommendation letters, SOP and a motivation letter. Another thing which, makes the application process strict is that you need to choose if you want to apply with a scholarship or without a scholarship. If you chose the former then you will not be eligible for the latter. So you really have to make up your mind.

     

    Please enlighten us on how to get a full scholarship like you did from the Hans- Wilsdorf foundation.

    Well that was something I never expected in my life. I got the offer letter on the night of my farewell when I returned to the hostel. When I saw the email, I couldn’t believe it. I asked my friends who were standing next to me to confirm so that I could actually believe it was true. For the Hans-Wilsdorf scholarship, applications are considered in their entirety, including transcripts, extracurricular and voluntary activities, work experience, personal background, letters of recommendation, the personal statement and language skills. Through individual considerations, the Admission Committee seeks not only to identify individual characteristics that are important to academic success in the programme, but also other qualities that promote diversity and excellence in the student body.

    I personally think there are three things which play an important role in getting a scholarship offer. First, academics and your efforts (through internships, publications) to pursue your interest, that is in the area where you are planning to apply for your LL.M. Second, your statement of purpose (SOP) that shows what is the real motivation behind your application. Third, extracurricular activities, that is you have to show that you are not just good in academics but do have an overall personality, you can highlight your leadership qualities, sports achievements, or if you have achieved something while pursuing your hobbies.

     

    What are the ways your year at the Geneva Academy has helped you?

    I would say Geneva Academy as well as the city of Geneva itself helped me a lot in developing professionalism. Let me first tell you about the Academy. The first year at the Academy was extremely stressful though it helped me to understand the basics of various international law subjects not just in theory but also in practice. The Academy prepares you to work in all international organizations, and international courts and tribunals …etc. (for instance, in exams they give you a role of prosecutor or defense lawyer and ask you to give legal arguments). Practical and professionalizing activities in leading international agencies make the course more intense. The faculty at the Academy is the best in their field. It was a good experience to be taught by  professors whose books I used to refer to during moot courts.

    On the other hand Geneva also helped me a lot to improve my interpersonal skills. It’s an amazing city with the UN and international organizations, with easy access to them. Year round there are seminars, talks and conferences organized by various UN Missions or Organizations. This also helped me to stay up to date with contemporary issues.

     

    yashasvi-nain-2

    You are also a Fellow at the Universal Centre of Human Rights (London). Please describe your role there and how the experience is for you.

    It’s more academic but I like it because it helps me to stay connected to the contemporary issues of international law around the world. Fellows are supposed to be reviewing existing literature and prepare a monograph discussing the major problems and possible solutions to the problem.

     

    You worked at the Office of the UN High Commissioner for Human Rights, Geneva. Please describe to us your role there. How did you get placed?

    I would say Geneva Academy played a major role by equipping me with a strong master and by providing a platform to meet people. I was guided by my professor to work with OHCHR. OHCHR gave me so many opportunities to learn and work on various issues ranging from migrant smuggling and health and Human Rights to early warning indicators. It also gave me an opportunity to work as a member of the Secretariat responsible for organizing open-ended intergovernmental working group (OEIGWG) transnational corporations, business and Human Rights. Also members of the Secretariat organized the2nd OEWG on the draft declaration on the rights of peasants. Other tasks ranged from preparing the final note of the panel on the rights of persons with disabilities in the Human Rights Council 28thSession; preparing background papers for various initiatives and mandates of OHCHR and preparing the report to be submitted to the General Assembly on cultural diversity.

     

    It is considered extremely difficult to get into the UN. What are the ways to ensure one stands out and gets noticed?

    Definitely! It is crazy competition out there. Especially for us Indians in the sense that I have observed that Indian students have a great CV but it’s very difficult to break the ice because of the lack of approach.

    I think the easier way is to get close to the system, usually by way of doing an LLM or PhD or by doing an internship with them. Once you get in touch with some employees there, then at least you might get exact advice on where to search for openings and gather requisite skills for those. They are very forthcoming in guiding their internees.

    I would like to highlight that since Geneva or New York are expensive cities and most of the UN internships are unpaid, students are not motivated to apply for those internships. But I am telling you there are many positions which are paid, just need to do little bit of research on what suits you best.

    Another hurdle for us is the language barrier. If I talk about Geneva they prefer French along with the English language. So I suggest learning French or Spanish – you need not be proficient, but it will be a deciding factor in cracking the entry to the UN.

     

    How was your experience with the field research on UNHCR’s project? How is it different than the work at headquarters?

    I was always told by my mentors as well supervisors at the UN that you should never work at headquarters at the beginning stage, it’s always better to get field experience which will actually help in the future and with growth in your career.

    I personally felt the difference during UN conferences and discussions, where opinions or points raised by officers present in the field are so much more practical. So when I got a chance to work on field work, I was quite excited about it.

    It’s a totally different experience, where you go and do ground work and talk to grass root level organizations and with the stateless refugees themselves. It gives you a feeling that you are actually doing something meaningful. It was a great learning experience of how day to day bureaucracy and government works. At the same time it’s challenging also because many a times people don’t want to share their views and information.

     

    What do you have planned in the future?

    International law is a vast field with infinite opportunities but at the same time you can’t plan it. However, research projects are my constant engagement. I have some enterprises that are in the pipeline, on which we have been working for quite a time now. I can only talk about them once they are floated.

     

    How has Human Rights law evolved over the past few decades? Where do you see its significance in the future?

    Human rights were always the most basic rights. But in terms of decadal growth, there has been progress on giving them a legal form and building up mechanisms for better enforcement. We have witnessed in the last few years that the judiciary world over has widened the scope and ambit of Human Rights protection. LGBT rights, right to privacy, limitation to the use of force against civilians, right to land, housing, education etc. are now a reality.

    Unlike old times Human Rights are no more just soft laws. Human rights treaties and customary law are as ‘hard’ as any other law.  Though there is an evolution of challenges at the same time in societies going through transition phases. We see, the right to life being viciously violated in Syria. And even now, the right to food, education, health care and adequate housing are yet to be safeguarded.

     

    What would you say to some of our readers who contemplate making a career in the field of Human Rights?

    I would say that it is an adventure in itself. You know where you start but you don’t know where you will end. You meet a lot of interesting people, and get opportunities to travel around the world. But you need to have a deep conviction that what you are doing is the right thing. On my journey till now I have met some amazing people who work for humanity and are passionate about their work.

    The downside is, you might not get a high salary in the beginning (you might end up doing an unpaid internship while your mates are getting paid internships in law firms. I am sure that will demotivate you at times!!) You also might get short missions, so if you want to settle down in a place you like, it is a bit difficult.

    I would say just write to people who are in the field. Write a random email – you have nothing to lose. Ask them for guidance. Clear your doubts and march forward.  I believe in the inspiring words of one of my mentors who is in the foreign services – “Just dream, the rest will come at its own pace; you are a movie observer and your job is to enjoy the show”.