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  • Aparajita Kapoor, A Lawyer, on working on Multi-Jurisdictional matters and importance of building relationships as a legal professional

    Aparajita Kapoor, A Lawyer, on working on Multi-Jurisdictional matters and importance of building relationships as a legal professional

    Aprajita-3-min

    Aparajita is a corporate lawyer with varied international work experience gained in India and UK.
    She graduated from Hidayatullah National Law University (HNLU) in India in 2010. She commenced her law practice with D. H. Law Associates, Mumbai where she was involved in advising multinational and domestic blue-chip clients on mergers, acquisitions, joint ventures and technical collaborations.

    In 2012, Aparajita moved to England to pursue Masters in Banking and Finance Laws from Queen Mary University of London. In London, she worked for a large international firm in their corporate team where she was involved in advising the clients on transactional and regulatory issues relating to establishing a business presence in London.

    Aparajita is a member of Bar Council of Delhi, India. Her articles feature in national and international journals, and she is a regular speaker at international forums. Her recent publication includes the book titled “Investing in Dubai- made easy”.

    Aparajita is currently involved in Merritz M&A and corporate and commercial practice across the UAE, Central Asia, and India. Her practice also focuses on developing relationships between UAE and Indian businesses and advising them about the legal and regulatory environment in each other’s countries.

    Aparajita is also the Marketing and Operations Co-founder of a SAAS based portal focusing solely on answering questions related to UAE laws at www.lexxplain.com.In this Interview, Aparajita talks about

    In this Interview, Aparajita talks about

    • What made her stand out as a lawyer and see early growth
    • Her experience of working on multi-jurisdictional matters
    • Importance of presentation and networking in the career of a lawyer
    • Why it is important to be simple and friendly

     

    Tell us about your childhood. How were your growing up years?

     

    The majority of my life I studied in villages with 5 people on an average in my class, and I was always in the top 2 ;). As a child, very obviously I was developing the feeling of “I am so cool” “I am doing what it takes to be a good student” “Dad got me a bicycle last year- I am surely his hero” and many similar thoughts. As years passed, this attitude inflated even further, and one day I sat down with myself and something hit me. I do not recall the trigger, but I actually realized- “I think too highly of myself” “this village is not the world” “there is a bigger platform, greater competition and a lot of video games in the city- I must move and aspire to see what I have not”, (and, of course, the video games I played were the biggest motivation). I moved to the city, and it all started from there with this permanent shift of challenging the status quo.

    What made you want to study law? What would you say is your source of motivation as a lawyer?

    Lawyering began with the chase for money and recognition. Very natural and fairly acceptable viewpoint. I have woken up to calls from clients saying “we need to conclude this arbitration- my doctor said this stress has increased my chances of cardiac arrest.” Another call – “Aparajita- if we do not settle these high-value disputes, our head office will shut the operations, and thousands of employees will lose their jobs as we are underwriting way beyond limits”. When these words echo, you no more work for the cheques, you work for a purpose, a calling, and a meaningful cause. Now I wake up with the thought of “I cannot let the lady suffer a heart disease” and “I cannot let those people lose their jobs”.  Try to find that purpose – it is in you already deeply embedded. You merely need to expose yourself to as many situations and experiences as possible and allow that purpose to come to the fore. You will realize that as high-end professionals, even photocopying will become enjoyable should you realize YOUR purpose. Find your end. Find out why you are in it and how you can increase the quality of people’s life. Don’t think about how I get successful fast. Think about how I can create something super meaningful and super important.

    How does a foreign LLM help Indian lawyers? Can one expect to start an international legal career following an LLM abroad?

    In my experience, LLM does not seem to be a tool to land a new job in a magic circle firm. Alongside my curriculum, I used the opportunity of studying in London to work in a law firm, learn fashion from my European batch mates, play football, walk around the city, explore international cuisine and spend time with people who are culturally, socially, physically, economically, politically and in several other ways so different from me.  If your idea of LLM is to merely read books, write exams, score a distinction and come back, an online tutorial would do nearly a similar job.

    The legal profession is extremely competitive. As a lawyer, how should one deal with the ugly side of competition?

    I have been noticing a disturbing trend from the day I joined the legal fraternity- we end up considering a lawyer as just another competition.

    Let me paint a picture for you. Your colleague is a phenomenal lawyer, and you know it and accept it. Scenario one-treat him as a competitor and use every single opportunity to beat him down and enjoy your victory. You must also understand this is always not possible if you have limitations. Scenario two- Ask him for a coffee and try to bond. Tell him he is a great asset to his firm and share ideas with him.  I guarantee you the next time you face a legal bottleneck, you can always call him and ask “hey have you handled a similar issue before? May I have your insight as the subject is gray and your experience will do a world of good.”   I bet you will have his guidance and guess what, you will find a friend for life, a much stronger bond than a competitor. It is also critical to develop that “information sphere” around you to support you with soft knowledge which has not been documented in any primary or secondary sources of law.

    What should young lawyers do today in order to develop themselves as extraordinary lawyers of the future?

    Try to identify the most powerful trait in you and work on it regularly. Find ways to sharpen that skill every day. Keep noticing the gradual growth of that trait and eventually, you will realize you have mastered that quality and it is time for you to make it YOUR Unique Selling Proposition!! (it could be your dazzling sense of humor and networking skills or your stunning cricket stardom.)

     

    You have achieved a lot at a very young age. How does networking help lawyers? Is it necessary to be successful?

    Someone told me- if you cannot say what you do in a sentence, you have already lost the audience. The most amazing relationships are made in the most unexpected places where you are least prepared; therefore, work on your 30-second elevator pitch and that one line which describes “what you do”. With one sentence, I did not mean “Hi- I am a lawyer.” This is considered too broad and is known to include everything. Everything means nothing. For example- “I want a car” vs. “I want a Moroccan Blue 7-series beamer”- go as specific as possible to create that memory hook and allow people to refer you relationships- qualified relationships.

    Take networking seriously. We are very used to doing things which are familiar and comfortable and network with people who are similar to us. Here is the thing- try to build relationships with people who are very different from you. The diverse network is a source of pattern identification and also of wide-ranging solutions because you have people who are thinking differently than you are and their advice will come handy to have multiple perspectives on a situation.

     

    Most lawyers come across as intellectual, argumentative and distant people who are difficult to talk to. Your personal brand is very different from that. You are very simple, approachable and friendly. How does this impact your career?

    Lawyering has been unfortunately associated with the terms “too intense” “I do not get what lawyers talk” “serious professionals” etc. People wish to see our lighter sides to break the ice and feel comfortable. What I learned along the way is- you need to sound sincere and not serious to win trust. Have that humor alive in you (of course in moderation) and use simple sentences. Industry jargons are for legal drafts and successful lawyers have this unique quality of explaining the most complicated transactions in most simple words.  I connected with my first client on an Italian brand and we spoke on how and why we love those bags or shoes. Today she is one of my biggest and most loyal clients. The connection is a funny thing- happens very unexpectedly.

    Any thoughts on fashion for lawyers? What works and what doesn’t work?Aprajita-11

    Always dress to kill no matter where you are. How we look and how we dress affects how we are perceived and it is so important to project the right image through your fashion. You might be a human rights activist or a general counsel, do not miss out on a single opportunity to dress, impress and inspire.

     

    What really differentiates ordinary lawyers from the best ones?

    One of those days I heard someone talking about an incident. Two people sitting at NASA reception called the floor cleaner and asked- “don’t you feel terrible about yourself when you are surrounded by the best brains in the world and all you do is clean the floor all day and all life? The guy answered with a smile- I am helping men reach the moon”. Imagine what a delight it would be to learn this life lesson from a floor cleaner that could change your perspective about life in seconds.

    Stay very receptive to the world around and try striking a conversation with everyone to broaden your understanding of fine things in life.

     

    We hear the term Rainmaker frequently about law firm partners. How can one become a rainmaker in a law firm?

    Over the years I realized that all networking leaders have one thing in common- no matter which profession they represent, whenever they meet someone, their radar automatically switches on and they immediately begin to think “who can I introduce this person to.” Carefully listen to people and connect them to that one person in your contact sphere who you believe will be a valuable relationship. Be a part of their individual journeys and you will leave a remarkable impression behind that would last longer than you survive in this world.

    Lawyers often struggle to catch up with new technology. What’s your thought on this?

    Be it timesheets, billing software, scanning apps, contact management tools, quick links to create designs- always be ahead of technology and look for new tools. It will increase your efficiency manifold (of course besides making you look like a rockstar).  I recently learned Chicago may soon be announcing computer science to be a compulsory core subject for all high school graduation- gets me to think how next 10 years will look.

     

    How important is it to find a mentor as a lawyer?

    Find yourself mentors and require that they hold you accountable. A mentor can provide a fresh perspective — a new way of looking at a problem. Look for a relationship in which the mentor facilitates your decision-making process by suggesting alternatives rather than telling you what to do.

     

    How can a lawyer be innovative? Is it even possible?

    Take a mini diary and write 5 ideas every day. These could be ideas around the daily chores you do for example- how to print documents in a go green way, how to wear a tie in 30 seconds, how to create a portal in your firm connecting all the photography lovers and millions of limitless ideas. Do this for six months and you will be surprised how many ideas you have and how remarkably you have trained your brain to get ideas in any given situation. When you get those ideas, don’t hold on and don’t keep it in a closet. Share it with people and assemble the right brains that can help the idea to get better with their own experience.

    How does one build credibility as a lawyer?

    We belong to a profession where trust forms the basis of any relationship, be it client-attorney or associate-partner.  In desperation of meeting revenue targets or cracking a tier 1 firm job, we often start selling ourselves. Do not sell, rather facilitate the sale. Start with making people feel safe around you, give them ideas and tips which may help them in any way- a health tip to a legal tip- it all works. Win the trust and you will never have to look back in your career.

    What does it look like for a lawyer to be a leader in the practice of law?

    I always believe that leaders are never head down and deep neck into daily engagements, they look around corners to shape their future and not just react to it. It is time for you to stand out and prepare yourself not for the predictability of yesterday, but also for the reality of today and those unknown countless possibilities of tomorrow.

    Law firms of late have been complaining about the recession and global downturn. How did it affect you?

    Recession – I am so consumed with this term which has been used as a defense to say “no” to opportunities. A coach perfectly put it – recessions are a part of a normal business cycle. Frequency, intensity and duration may change. Whichever situation you are in, create opportunities and look for a way around it. When I say “create opportunities,” I did not mean to have a pushy and tricky attitude of selling sand to Arabs. I mean, identify the need, find the perfect solutions and there will surely be some opportunity in some form in the most devastating scenario- explore it further.  Never give in to a “no”. Never. Never.

     

    Is it important for a lawyer to have online profiles?

    Online reviews, your interactions with others and the frequency and quality of your posts help to form a positive impression in the potential clients’ mind, making a future possibility of working together more likely.  If done right, the online experience will always leave a good memorable experience. The quality of content and how it is disseminated relying on social channels such as the blogs and social media pages to spread awareness increases your search engine rankings. A possible tip could be publishing topics of interest and pain points that are relevant to clients and prospects, which will help you stay ahead of trends and build credibility which is the cornerstone of legal practice.

    What are your future plans with respect to your career?

    Taking lawyering as a profession was not enough, I began taking it as a calling, a passion a religion. Alongside the usual revenue targets and deliverable deadlines, I passionately involved myself in co-developing a SAAS based start up Lexxplain www.lexxplain.com, which is a portal of registered UAE lawyers focused solely on answering questions on UAE laws without any fee. Tap the trend and bring a revolution, find a wrong and make it right.

    How can lawyers give back to the society?

    I pledge 5 hours every month for community service. Why is this important to our practice?  Because I simply find it a way to reach out and relate to the pain of an individual and it helps me in building my legal practice around a sound and sensitive approach towards the clients and the community.

    How can busy lawyers have a work life balance?

    Millions of dollars will not compensate the lost smile of your mother- always make an approach to get the priorities right. Take control of work by proactively and efficiently delivering, which will allow you time for the loved ones who can lift your mood in the most distressed and challenging situations and keep you moving and outperforming other lawyers.

     

    How is it to be a lawyer dealing with multi-jurisdictional issues? Can you share some anecdotes?

    We were representing a company (“Claimants”) in an arbitration against another company (“Respondents”) having offices across 6 countries (as shown on their website). Claimants approached us with great confidence presuming the Respondents have sufficient funds to pay off the claim amount to the Claimants. Rule 1 is to never settle for what clients tell you- look beyond and facilitate their understanding of the chances of success in any matter, which may also require you to communicate that it might appear the Respondents are cash and/or asset rich but it might just be a very superficial thought. Alongside reviewing the documents to find validly existing arbitration clause and exhausting all remedies set out in the contract before invoking the said arbitration clause, we approached the Registrar of Companies (and/or their equivalent) in every jurisdiction where it appeared that the Respondents may have offices. We realized that in some countries the Respondents only had associate partners and in some countries they merely had representative offices. With limited facts, we undertook a SWOT and identified that the ultimate purpose of this matter was to recover the claim amount for our clients (sometimes it is more than just the recovery of claim amount should you do the risk assessment of a dispute right). At the outset, we understood that the Respondents did not have assets as they projected on media and through information available on public domain, which meant the purpose of arbitration will stay frustrated if the Respondents were dissolved or liquidated. Highly demotivating this may sound, no one in my team gave up. We sat down and decided to push the clients to dig down every single document and correspondence they have had with respect to the transaction with any party whatsoever. After days of fact finding, we found a tiny signature on a small letter which turned out to be a guarantee letter signed by another company (“Guarantor”) confirming to fulfill the obligations in the event the Respondents failed to do so. That was a victory. This led us to start chasing the Guarantor and their assets globally. This also required us to travel urgently to places which didn’t have great connectivity, but the lawyers were determined to find a solution no matter what. Spanning from approaching all our relationship in airlines to book us into the first flight available, to carrying a mini dictionary to use the local language as far as possible, we did it all.

     

    We approached local lawyers in these countries and requested opinions on the precautionary attachment of assets of the Respondents and Guarantor in their respective countries of incorporation. We may not be aware of procedures in their country, but we questioned every step, and it took us to be more than just the lawyers in UAE.

     

    On the basis of guarantee letter, we filed the arbitration proceedings; however, the Guarantors had also reorganized their company structure and privity of contract became one of the biggest points of discussion.  The arbitration institution was unable to serve the notice of arbitration to the Guarantor and instructed us that in the event we are unable to furnish them the address of the Guarantor, this will result in termination of arbitration proceedings since the party to whom the arbitration notice has not been served, may challenge the award and it may lead to setting aside of the award eventually.  Also, for us to initiate the precautionary attachment in several countries, the courts required proof that the arbitration proceedings have commenced. This led us to find “out of the box” ideas to procure the physical addresses of the Guarantor. We began to contact individually any and all directors, employees, members, officers and employees of the Guarantor on linked in to procure any information- we found heads up, we got some leads, and we worked on it further.

     

    This matter entailed us to not only sit behind our computers and churn out thousands of pages of written statement or correspondence with the arbitration institution. It took us to step out of our offices, talk, seek help, look around and to not give in to any limitation.

    What would be your advice to law students who want to become extraordinary lawyers going forward?

    The majority of us find the best-paying jobs and believe that’s the end of our chase. A powerful business card, a swanky office, and a pay cheque better than others- is all the consideration we put into while we decide our careers. The intellect, exposure, and strength you have, calls for bigger risks in a wider scheme of things. I personally also applied to big firms and would get demotivated if I was rejected. But I took a moment of solitude for a few days and challenged the way my peer would force me to be. I questioned- why should I restrict my capacity and give in to the trend created by everyone? I joined a small firm and I grew with it. It gave me opportunities to travel around and find my strong traits.  I pursued higher studies, strengthened my core competence, travelled beyond I could imagine, gained exposure, moved to UAE and joined a fast growing firm as a Partner- a firm where we think outside the routine, follow the market movements, expand intelligently and believe in bringing legal revolution. Today we refer legal assignments to those big firms where I once craved to be a small part for the want of the pressure created by others. This is just the beginning and years to come will see a remarkable difference in the way the legal profession has been perceived. Do not settle for the normal, do not believe what has been set as a trend is the end. Question beyond, answer more relevant questions and fight against the routine that has been decided by others for you. Come out of the closet and be the first mover. The trend is changing. I hear lawyers heading business and sales verticals of fortune 500 companies. I hear lawyers being the entrepreneurs and creating new and outstanding technologies to support legal profession.  I hear lawyers running online tutorials and reaching every corner of the world to provide access to legal education for the people who desire to learn but do not have resources to move to the cities and universities. I hear lawyers running successful training companies to teach innovation. Imagine if they settled for the “trend” and the best-paying jobs in their careers? We would never see the world growing into something so inspirational (having said that these risk takers earn a fortune).

  • Sonal Mattoo, Lawyer, on practicing as an independent litigator and dedicating her career for women’s welfare

    Sonal Mattoo, Lawyer, on practicing as an independent litigator and dedicating her career for women’s welfare

    SONAL

    Sonal Mattoo graduated from National Law School of India University (NLSIU) in 1996. Since then, she has been practicing as a Criminal Litigator. She founded Helping Hands, in 1996, which helps implement policies against Sexual Harassment/ gender sensitization and other forms of harassment and discrimination at the workplace, besides carrying out training and investigation on complaints filed with the organization.

    She is also a founder and principal consultant of Mantran Consultants, a firm specializing in CSR activities, Counselling, Diversity policies, and workshops. She supports various clients as an independent Ombudsperson, handling employee complaints.

    Sonal is a Non-Executive Independent Director of Ashiana Housing Limited (a listed company) where she is the Chairperson of Investors Grievance Committee and a member of the Audit Committee and Remuneration Committee of the directors. Sonal is also a Non-Executive Independent Director of Vatika Marketing Limited and V-Mart.

    Sonal’s initiatives in these areas and notably on sexual harassment workshops have been covered twice by ‘Femina’, ‘Around Town’ and ‘again twice’ by Cosmopolitan and Readers Digest ‘Joy’. She has also been invited by E-TV to develop and present 12 TV episodes on ‘Legal and General Issues Specific to Women’ for their program, `Nari’.

    A keen reader, Sonal has written articles on Sexual Harassment for Human Capital (India’s premier journal on HR), newspapers, seminars, and contributed a chapter on `Sexual Harassment’ for `Empowerment of Women in India, 2003,’ published by Law Publishers, Allahabad.

    In this interview she talks about:

    • Choosing law as a career and her experience at NLSIU, Bangalore
    • Her experience as a founder director of “Helping Hands”, Its motive and the activities it indulges in
    • Sexual Harassment at a workplace
    • Choosing to become an Ombudsman and her programme “Nari”

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

    I always wanted to be part of a justice process. I didn’t have a plan B, so had to make my plan A work.

    Describe your experience at National Law School of India University as an undergraduate student.

    I was initially intimidated with the level of intellectual competency every student and faculty member possessed. The curriculum was designed to make you think, work hard, understand rather than memorize. An awesome 5 years, difficult to describe, but left a mark on everyone, NLSIU contributed to my personal and professional growth more than any other experience. There was outstanding, dedicated faculty and friends for life were the added bonus.

    How did you become a founder director at “Helping Hands”? What were the challenges that you faced?

    As a litigating lawyer, I found most people completely unaware of their basic legal rights and options. Moreover, 20 years ago the parallel Redressal mechanism was not as refined as it is now. We saw a gap in these two areas and set up Helping Hands to primarily support and educate people about their legal rights and provide a platform for counseling/conciliation/settlement of disputes.

    Helping Hands is a self-funded NGO. Funding was a challenge, so I decided to dedicate a portion of my earnings towards funding the NGO.

     12247020_10153702727915833_1187854441058432058_nWhat are the activities Helping Hands indulges in?

    At a corporate level:

    • Redressal, inquiry into complaints of workplace harassment,
    • Awareness sessions, training of ICC members and employees,
    • Support organizations as an ombudsman.

    At a non-corporate level:

    • Counseling
    • Education and awareness on legal rights and options
    • Resolving and negotiating family disputes.
    • Supporting senior citizens with preparing wills etc.

    What were the initial missions of the organization and what kept you motivated?

    The initial years were focused on supporting women and children who were victims of domestic violence, sexual abuse. The missions also included creating education and awareness around sexual harassment at the workplace.

    What do you think about the current situation of sexual harassment at a workplace? How do you think the situation can be improved?

    I’m fortunate to support organizations that have a zero tolerance policy and go beyond the letter and spirit of the law to ensure they are fair and provide a safe and conducive work environment to all employees.

    However, from the many independent clients, I advise the lack of sensitivity towards victims, corporate failure to take these matters seriously, protecting star performers and senior management, retaliation towards the Complainant are grim realities.

    Mandatory education and awareness are the only way out.

    If I want to become a founder director of an NGO how should I go about it?

    Find like-minded people to join your cause. Passion and commitment are the only requirements. Leave the rest, like registration, etc. to your lawyer and CA!

    How did you become an ombudsman? Is an ombudsman same as a mediator?

    As a member of the ICC, my email address and contact details was often circulated to the employees. Several would write requesting for help to resolve workplace issues, not necessarily related to sexual harassment. They were more comfortable speaking with a neutral third party. Hence, I started to support various clients as an independent Ombudsperson. While the primary effort is to resolve the concerns raised and mediate, often concerns raised call for an inquiry and stringent action basis on findings.

    Why should the leader(s) of an organization listen to an Ombudsman?

    The Office of the Ombudsperson is independent and works in the best interest of the parties involved. A third person’s perspective is always valuable and brings another dimension into the conversation.

    Describe your experience as an independent director of Ashiana Housing Ltd, Vatika Marketing Ltd, and V-Mart.

    Being the only woman on both boards, it’s driven home the point that both sexes must be represented in decision-making processes. The learning has been great for me. My colleagues on the board are incredibly intelligent and competent individuals, we bring our unique experiences on board and learning and listening to them encourages you to strive harder. I have finally learned to read a balance sheet!

    What were the issues you covered in the programme “Nari”?

    The programme covered legal issues pertaining to women, dowry, maintenance, legal rights as a victim, etc.

    How exactly would you define social entrepreneurship?

    The intention to help and bring about a positive change in the lives of people if given a formal structure and direction can have a wider reach with greater impact. The ROI is making a difference in people’s life.

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

    I’m sure it does, but it’s not a requirement. Anyone with passion, drive the ability to work hard and committed to the cause, irrespective of their support structures will be a success in the legal profession.

    What would be your advice to our readers?

    Do what you love and enjoy, the long hours and hard work won’t tire or bore you.

  • Arun Gupta, Founder, Factum Legal, on a profile in Corporate Commercial work and the Corporate Secretarial

    Arun Gupta, Founder, Factum Legal, on a profile in Corporate Commercial work and the Corporate Secretarial

    Arun Gupta is a Fellow member of ICSI and a member of the Bar Council of Delhi. He graduated with a B.Com(H) degree in 1995 followed by CS degree in 1999 and later qualified in law.  Arun is a lawyer with more than 15 years experience in Corporate and Commercial matters.

    Arun acted as a key contributor to the book authored by Corporate Professionals titled “Insight into Companies Bill 2012” and he is also an author of a book titled “Companies Act 2013- Impact on foreign companies in India” published by CCH, Wolters Kluwer in 2014.

    He started his own firm – Factum Legal, Advocates and Solicitors in 2013.

    In this interview he tells us about:

    • Life, law and the choices he’s made while pursuing it.
    • The benefits of having a commerce background while practicing corporate law and the value of additional degrees.
    • Factum Legal – its establishment and his plans for expansion.
    • His publication and the role of academic pursuits in a lawyer’s career.

     

    How would you like to introduce yourself to our readers, most of whom are students studying law?

    This is Arun Gupta, a Law Graduate and also a Fellow Member of ICSI, presently practicing as a lawyer in Corporate & Commercial Laws. I love to learn a lot and I’m always keen to upgrade my knowledge of changes in law and the impact of the same on industries.

     

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

    I was from a business family so as usual, I did not plan anything in my childhood. So I tried my luck in the family business also along with my studies, but after just a few months I realised that this is not my cup of tea and God had planned something else for me. I was always good in terms of scoring marks in school exams and enjoyed the law subjects, while doing regular B.com (h), so I think that was the beginning of an inclination to enter the field of corporate law.

     

    You specialize in corporate matters, Mergers & Acquisitions, tax law, among others. How did your interests develop in this field?

    Yes I specialise in corporate matters, Mergers & Acquisitions, Due Diligence, Compliances & Governance etc. Actually being a qualified company secretary and practitioner of Corporate Law what I enjoyed the most, from the beginning of my professional career, was to find solutions in all type of transactional issues in restructuring and also assessing and finding the potential risk in any acquisition or joint venture apart from governance and compliances issues. Being part of some fund raising activities including Initial Public Offer (IPO) & Preferential Allotment etc by corporates in India, the interest towards such areas developed and sharpened.

     

    How helpful was your background in commerce in aiding you with a better understanding of corporate law? Would you recommend professional degrees like the Company Secretary degree or any other such degree?

    This is very interesting, I strongly believe that a commerce background really helped me a lot in understanding commercial law, Economic and accounting issues. I initially registered myself for the science stream after passing class X, but after 5-7 days I shifted to the Commerce stream and I am extremely happy for that decision and thankful to one of my teachers for such wonderful advice. Well, I believe that an LLB degree itself gives a wider horizon in commercial, corporate, and Personal laws, but if somebody wants to explore Corporate law then a Company Secretary course would definitely add value to that person. My CS degree really helps me a lot in all kinds of Corporate Transactions and General Corporate Advisory, however one must not forget that the most important part in practical life is not really additional degrees but the approach in handling complex situations.

     

    Tell us about your initial years in practise – from starting out independently to the time you founded your own firm. What challenges did you face initially?

    Well, the initial years of practice were very tough, I started practicing from the beginning of my professional career and no one in my family was either an advocate/ Chartered accountant or company secretary, so to setup an independent practice was really a daunting task. But I did not bother about monetary earnings, what I concentrated on was whether I was earning knowledge or not and that really helped me in setting up own firm in 2013 again. So I think you need to maintain your patience also to be in the practice of law.

     

    arun-gupta-1

    Your firm, Factum Legal, has been featured as one of the Promising Legal consultants of India, 2015 by SiliconIndia. Tell us about the firm in general and the kind of work you deal with on a daily basis.

    Yes, we have been recognised as one of the Promising Legal consultants of India 2015 by a business magazine Silicon India and the credit goes to the hard work of our team factum legal and the trust of our clients. We are a boutique law firm providing a comprehensive range of legal services and solutions for domestic and international clients. Our practice area embraces advisory, execution and representation services and dispute resolution.  We are involved in all kinds of M& A transactions, Legal Due Diligence, Commercial Agreements, Corporate Compliance, Governance & Secretarial Practice, Private Equity help desk, Litigation & Alternate Dispute Resolution, Inbound & Outbound Investment Transactions, Registration and Licensing Services, Renewable Power Projects.

     

    What would you advise young lawyers who are starting out working in the corporate sector. What areas might they find interesting?

    My advice is don’t jump into corporate law because it is a lucrative career, but do what you enjoy most. We are lucky that we are born and practicing the profession in India as there are ample opportunities in every sphere of Legal services, so you should choose the subject based upon your knowledge and interest. My advice to all young lawyers and students is that there is no shortcut to gain knowledge, you have to work hard to become an expert in your area of interest.

     

    You have authored a book on the Companies Act 2013 and have quite a few publications to your name. How helpful is an academic pursuit in the life of a practising lawyer and how can one find time out for the same considering the hectic schedule one inevitably finds himself in?

    Authoring a book or writing articles and publications needs a huge time investment, and you cannot do such things just for the sake of doing them. You can write articles on a particular topic when you have command over the subject. The practice of law is based upon knowledge and expertise and an academically strong lawyer can really achieve a lot in a short period of time. If you ask about finding time, then I am of the view that time is essential, time is precious but if you enjoy something you always have time to pursue those things. Just to inform you, now also, I am working on a book relating to Companies Act 2013.

     

    In the present environment of cross border transaction among corporates, what is your strategy to expend internationally?

    We as a firm, believe in collaboration and mutual cooperation, so in that direction, we have joined an international legal network, which will surely help us in gaining knowledge and executing cross border transaction with local and cultural expertise. Further we have also entered into a strategic relationship with a European Full service Law firm ‘Adamas’ to serve our clients in their cross border transactions in the best and most effective manner. We will continue to expend internationally with such mutual cooperation for another few years.

     

    Finally, what would be your parting advice to our readers?

    I would like to suggest everyone ‘Have a zeal to learn, work hard, and discover your interest area as early as possible’ and the rest will follow on its own.

  • Gopal Sankaranarayanan, Advocate, Supreme Court of India, on building a career in litigation and on legal writing

    Gopal Sankaranarayanan, Advocate, Supreme Court of India, on building a career in litigation and on legal writing

    Gopal Sankaranarayanan is an advocate at the Supreme Court of India. He graduated from NLSIU, Bangalore in the 2001 batch, immediately after that he went for a Masters in Criminology from the London School of Economics. A prolific writer in various journals and leading dailies, a co-founder of Care For Air, an independent, volunteer organization and a successful practitioner of law, Gopal speaks to about:

    • His college and university experiences.
    • Mooting – the culture and its importance.
    • Helping Bhutan draft its Constitution
    • Legal writing, research and his new project Care For Air.
    • His views on Section 498-A and his advice for being successful in both personal and professional spheres.

     

    Could you please introduce yourself to our readers?

    I am a son, husband, father and friend. I am also an Advocate of the Supreme Court.

     

    You graduated from NLS Bangalore in 2001. How was preparation for the entrance exam like then?

    The entrance exam in the mid-90s was very different from what it is now. There were fewer candidates taking it then – a few thousand or so – and the questions were fairly straightforward Math, English, GK, Logic and Legal Reasoning. With time, they have become more complex, and with the advent of the CLAT, fairly random, inconsistent and thoughtless, which is why I am helping my friend Prof. Shamnad Basheer in his challenge to its arbitrary nature which is pending in the Supreme Court.

    Preparation for me when I took the exam was interesting. I took it twice, in fact. The first time in 1995 with less interest, a week after a teenage romantic heartbreak and which led me on to the NLS waiting list and then St.Joseph’s College in Bangalore for a year. That was probably my best year of College – I travelled the country for literary fests, I bunked classes to have beer at Brigade Road and investigated kabab roll joints across the city.

    The second time the following year I spent a week reading that godforsaken Competition Success Review and flipped through the equally mammoth Manorama Yearbook to figure out who had won the Padma Vibhushans and to understand what GATT was. It didn’t help. But what did was the fact that a friend was in NLS and she gave me a few ideas, most important being to finish all the questions. I weaselled my way in, though if the faculty had any idea, they would have nipped it in the bud!

     

    How was your time at NLS – could you share your experience with us?

    My time at NLS was a lot like life. It was a microcosm of India – girls and boys from across the country from a variety of backgrounds all thrown into this melting pot– there was competition, pettiness, talent, imagination and insecurity. I tried my best not to change who I was (which wasn’t a great idea because I have a prickly personality!). As a result, I tried everything, giving academics the least priority. I played a lot of sports, and was most partial to Cricket and Hockey. I mooted nationally and internationally, helped co-found and convene our annual fest LeGala led by the wonderful Meghana Abraham, participated in literary and cultural events across the country from all the IITs to BITS Pilani’s unparalleled Oasis, sat in dive bars in Nagarbhavi, did all-nighters with cigarettes and dumb charades, danced and sang, choreographed fashion shows, and loved my internships with K.K.Venugopal, Zia Mody and Karanjawala. Subject wise, I fell in love with Constitutional and criminal law and fortunately, that affair continues.

    I made some very dear friends at NLS – many for life, and I am happy that their interactions have made me richer, while not necessarily enriching them! One of those collegemates now shares her life with me, though she claims she barely noticed me then.

    On the flip side, I had my share of controversy and run-ins with the faculty, a few of whom completely lacked the emotional maturity to deal with young people. There were others, like Prof.N.L.Mitra who probably saw some potential in my rebellious streak, and when I objected to the undemocratic manner of NLS student elections, he allowed me to form a Committee to revise our Constitution. That effort thankfully bore fruit largely due to the efforts of P.M.Thimmaiah and Nandan Kamath.

    In my entire tenure at NLS, there were very few members of the faculty who really had what it took both academically and emotionally – A.K.Rai and V.S.Mallar were the exceptions, and the blame for this lies at the doors of a series of Vice Chancellors who were insecure and lacked the imagination to encourage young academics to truly flourish.

     

    You did your Masters in Criminology in the London School of Economics. Tell us a little about your time there.

    I guess the fact that I didn’t seem like a nerd appealed to LSE when I applied seeking to enlarge my passion for theoretical criminology. At the time, LSE was still a part of the University of London and we had multiple faculty across King’s, UCL and SOAS taking a single subject. I knew Nicky Lacey was at LSE, and that’s why I applied, but to have the erudite Robert Reiner and the accomplished Ben Bowling (now Deputy Dean at King’s) teaching us about feminist theory, stop-and-search and media manipulation was fantastic. The rigour they expected and the inputs we got from international students made the subjects so much more attractive. As we could opt for a non-specialized subject as well, I chose International Law of Armed Conflict & Use of Force, which was helmed by Prof.Christopher Greenwood (now a judge at the ICJ). Greenwood to me sums up everything a Professor ought to be – charming, informed, witty, humble and extremely disciplined. While he taught us, he was also a Queen’s Counsel, advising the British Government on the invasion of Iraq (this was shortly after the September 11 attacks), editing the ILRs (with Lauterpacht Jr.), churning out a series of articles in the top International journals, appearing before the ICJ and also taking 4 other courses on law. Teaching one course at the Masters level can be exhausting – to do all this is superhuman. Along with Greenwood, giants like Christine Chinkin and Rein Mullerson (Gorbachev’s former Advisor) brought into sharp perspective the practical real-life experience that is so necessary for a good academic. I could probably bore you to death about how the approach of teachers in the UK ought to be emulated here – so that they give you some respect and treat you as equals, or at least sentient beings.

    Apart from the classes, which after a long while, I truly enjoyed, I also played Hockey for LSE’s First XI team, and won medals for the Universities League and Championship that year. We trained under the shadow of the iconic Battersea power station and I will never forget freezing my butt off while running around on this Pink Floyd pitch.

     

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

    I think if you are curious and you like to learn, you should always step beyond our shores to try and experience that world. For me, my Masters was always just going to be knowledge for the sake of it, as I had no plans of working in London and was coming back to practice. I have almost never used the actual lessons or the subject matter of what I was taught in my practise, but the tools of research, of pithy presentation, of verification of sources, of comparison, of context I apply on a daily basis.

     

    What has been the role of sport in your college days and thereafter? What role do you think sport plays in getting a postgraduate seat?

    I was and continue to be passionate about sports. I still play tennis, badminton, basketball and golf as time permits, and whenever Amit Sharma remembers, I will turn out for a day-night cricket match! As the great American broadcaster Heywood Broun said – “Sport doesn’t build character. It reveals it.” If you allow it, it can be the most defining aspect of who you are. Sport has taught me passion, camaraderie, leadership, sharing and loyalty. It has given me perspective about everything else I do because it is so inclusive and rewarding. You don’t have to play it, you don’t have to be good at it, you don’t even need to understand it to actually be moved to tears when something great happens. I haven’t seen anybody crying enraptured by a great argument in court or a wonderful contract clause. If I were unwell, I would probably skip Court, but I have stepped onto a cricket field with one hand in a cast, and shared a 45 run partnership for the last wicket with Siddharth Agarwal, who now knocks it out of the park in Delhi’s criminal courts.

    During my years as a lawyer, I have been happy to see the seniors at the bar readily reach for their cheque books when I approached them to donate for Shiva Keshavan’s luge at the last Winter Olympics, and my own recent experience as Secretary of the Lodha Committee has been very rewarding in helping formulate policy at the highest levels of one of the world’s most watched sports.

    As far as your applications question is concerned, I can imagine sport playing a big role if you apply to Universities that have strong sports agendas (Duke, Michigan, etc.) or if the evaluator is partial to sport. But if you are unfortunate to have your exquisite essay read by a serial academic topper who frowned at such frivolities, you are up the creek without a paddle.

     

    What are some of the important observations you have found regarding the moot culture in India in recent years, when you have acted in the capacity of judge?

    I have had varying experiences. I know it’s very tough to know what to prioritize before which judge – some prefer citations, some (like me) love to go into the facts and work the angles, others just want to show how much they know. There are, however, 3 basic things I tell mooters –

    (1) Dont interrupt the judge, but please don’t be obsequious;

    (2) Stick the moot problem on your bedroom door and read it a hundred times – it always throws up something new;

    (3) Use real life examples to illustrate your point and make it simpler to understand (this is actually the Mukul Rohatgi staple!)

     

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

    I think it has its place. It shouldn’t be an overarching priority because there is so much else on offer in your 3 or 5 years at college. For most young people, this is your last free stretch before responsibilities overtake you. If you can, enjoy it by doing other stuff and meeting new people. This might be the time to walk over and talk to that girl or guy who sits quietly in the second last row without interacting with anybody. Go over, have a coffee together and figure out what makes them tick. Not as a social experiment, but just because it is what humans ought to do.

     

    Will you give us a brief recount of the time you helped the Kingdom of Bhutan draft their Constitution?

    This really happened by chance. I was in the Chambers of K.K.Venugopal, Sr.Advocate [KKV] and he was approached by the erstwhile King of Bhutan, Jigme Singye Wangchuk to advice on a Constitution. He is quite a forward thinking man, and as a monarch, realized that a Constitutional set-up would be a progressive one. There were many interactions with the Law Minister and the Chief Justice of Bhutan, accompanied by their advisors. Their initial draft was a mish-mash of the UDHR, the ICCPR, the US and Indian Constitutions. KKV spent hours reworking it while I researched the areas that required special attention and suggested alterations where necessary. This was not an easy task for two reasons: One, it required me to fully understand the development of South Asian constitutional law, and Two, KKV almost always asked me questions to which I had no answer! Eventually, the Constitution came into force, with KKV playing the role of Bhutan’s Ambedkar and B.N.Rau rolled into one, while I visited Thimphu in 2008 and sat in their Parliament watching their most polite legislative proceedings.

     

    You have several publications to your credit. Tell us a little about writing legal articles and research in a lawyer’s career.

    Research is compulsory. Articles are voluntary. Just as with moots, I spend several hours reading caselaw, online articles and books to come to terms with a legal point. If it is a considerable one which I believe the public would like to know about, or an anomaly, or something which is just patently unfair, then I feel compelled to publish. I write from the heart, and I know that often candour is unappreciated, but it also corrects an incorrect impression that people may have. I believe legal writing should be so exhaustively researched that there can be no doubt that it is original and that also there is something novel to say. Also, anyone interested in writing should attempt to have their work spread across multiple publications so that there is no suspicion of nepotism or partiality.

     

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

    Integrity. If you try to mislead the court or try pulling a fast one on a colleague, the ephemeral pleasure will ruin your reputation for life. Before you know it, judges and lawyers put you down as someone whose word cannot be trusted, and their displeasure starts dampening your performance. While hard work and application are important, they are meaningless without the respect of others.

     

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    Tell us a bit about your love for Constitutional law and work experience.

    As I mentioned earlier, this was something born out of some invigorating classroom discussions we had in Law School with Profs. Mallar and Vijayakumar.

    When I came into practise, I started assisting KKV in some Constitution Bench cases and I realized how much reading it involved. A turning point came when Mr.Fali Nariman, after seeing me assist KKV in a matter recommended me as his junior counsel for the 9-Judge Constitution Bench hearing the scope of the Ninth Schedule [I.R.Coelho]. I was overwhelmed by his generousity, and later by the fact that preparing for it meant I had to read Golak Nath and Kesavananda cover to cover! It was a brief 5 day hearing under the strict gaze of Chief Justice Sabharwal, and we subsequently succeeded, but even if we hadn’t, it was a personal achievement – to spend hours brainstorming critical aspects of our Constitution’s fundamentals and then to assist one of our finest minds in putting it across.

    Subsequently, I spent 4 continuous months on the reservation challenge in Ashoka Kumar Thakur and learnt that nothing about Constitutional law is easy or brief. It requires rigour and reading, and while it takes time for an opportunity to come your way, it invariably will. I was thus fortunate to address the Constitution Bench concerning the postponement of reportage [Sahara v. SEBI] and to successfully challenge Section 6-A of the Act setting up the CBI [Subramaniam Swamy]. Recently, my arguments on vagueness and liberty were accepted by the Bench that heard the challenges to Section 66-A of the IT Act [Shreya Singhal] and also struck down Section 118-d of the Kerala Police Act.

    At NLS, we were taught one trimester by the late Justice A.M.Bhattacharjee, whose unique grasp of the subject is best reflected in his book “Equality, Liberty & Property” [now out of print]. I remembered his Chapter on Privacy when we were doing the AADHAR case earlier last year, and it was this little bit of stray reading which allowed us to have the case referred to the Constitution Bench, doubting the correctness of how Kharak Singh had been followed. So, you never know when a little extra can come to aid!

    Outside of its use in the Courts, I was always fascinated that while the Constitution was our most important textual document, we had little general knowledge about it. How many Indian homes have a Constitution? But many have the Gita, Bible or Koran. The more I realized how Indian courts have made the Constitution such a dynamic instrument of social change, I felt something needs to be done to increase its reach. An early suggestion to Sumeet Malik from the Eastern Book Company to have a coat pocket edition of the Constitution bore fruit, and the slim leatherbound volume of which I am the proud editor is now in its ninth edition. It is an endeavour to have it in every home soon – our entire Indian cricket team have personal copies and this was what was presented by the President to Arvind Kejriwal when he visited him on the occasion of his election last year.

    I also conceived of an Oral History project which was implemented by Rainmaker, where we conduct and upload free on YouTube hour-long video interviews with the doyens of the legal profession so that those who might otherwise not have a chance to interact might have access to their lives. Soli Sorabjee, Iqbal Chagla, Harish Salve, Gopal Subramaniam, Ashok Desai, Raju Ramachandran, Goolam Vahanvati, and several dozen more have shared their life stories.

    Things like this, apart from actually arguing in court, are way more fulfilling, as they allow your countrymen to slowly become aware of their Constitution and their rights.

     

    What are your views on Section 498-A and the realities of its application?

    I think, much as the Supreme Court itself has, that this provision is being abused often. In some States there are police advisories not to automatically arrest the accused in such cases and to be cautious. Marital discord is usually irreparable once you reach this stage, and the deepset rancour coupled with the lethargy of our judicial process eventually leaves the victim (husband or wife) with no way out of an unhappy situation. Based on my Note, the Supreme Court recently laid down guidelines in Arnesh Kumar, but I don’t know how it is being implemented in the respective States.

     

    How do you manage your professional life and personal life? Do you keep both separate?

    Actually, I don’t. I am thankful that my wife Haripriya Padmanabhan (also a Supreme Court advocate) is such an excellent multi-tasker – she does her Court work (much better and more thoroughly than me), she manages our three kids, she cooks wonderfully and she discharges her role as the Secretary of the school PTA, so that all I really have to manage is my own practise!

    One of the things Haripriya and I agree on is that family is more important than anything. Thus, we have our office a mile away from home so we can be close to the kids, but we don’t work on anything together. We have our distinct practise areas (she is more into commercial litigation, education and civil law) and we never discuss law at home. Our work grants us the flexibility to be home with the children during the day and when there is pressing work, we work into the night after they sleep.

    It’s not easy, especially when you come into Delhi from outside and you don’t have grandparents around, but with patience, luck and friendship, you will always find a way.

     

    What do you do in your free time? Have you continued activities related to literary and debating (as you were given awards for the same in college)?

    I love films, books and music. The arts have always been my weakness and I collect what I love. Travelling Wilburys, Billie Holliday, Sam Cooke, Guru Dutt, Stanley Kubrick, Wong Kar Wai, Watchmen, Sandman – I love them all.

    Recently, a more grim issue has taken up my time – air pollution. It is something that is slowly enveloping our cities and making India unliveable, particularly affecting the very young, the pregnant and elders. A few of us have founded Care For Air, [www.careforair.org] an organisation aimed at raising awareness about the problems and solutions regarding the toxic air. We make presentations to school and residential communities and continue to spread the message.

    L&D-wise, one of the things I do on an annual basis is to host MyLaw’s A Question of Law, a quiz on law for lawyers, law students and the general public on Law Day (November 26th). Its light hearted and fun, which is evident from it being conducted at Monkey Bar! We just finished 5 years of that, and it is a lot of fun with several hundred participants and regular rounds of tequila shots.

     

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

    Just one: tomorrow, you could be hit by a truck, so don’t keep worrying about your majestic long-term goal. Keep small workable milestones which have nothing to do with your peers and where they have reached in their lives. Make time for sport or music or painting or language or whatever you enjoy. Try and travel, even to small places nearby. Don’t let work come in the way of your important relationship moments (weddings, birthdays, anniversaries, even funerals). If you have a partner or a child, try and be there for his or her doctor’s appointments or school performances or shows. When you’re 55 with an empty nest, you won’t remember which case you were arguing when your daughter was winning the relay.

    As the windows of Chartres Cathedral will tell you, as long as we are on the shoulders of the giants who came before, we will always be okay.

  • Gulika Reddy, Advocate, Madras High Court, and IBJ fellow, on work in the social sector

    Gulika Reddy, Advocate, Madras High Court, and IBJ fellow, on work in the social sector

    Gulika Reddy is a lawyer in the High Court of Madras, a consultant at the Centre for Child and Law at National Law School of India University, an International Bridges to Justice Fellow and the founder of Schools of Equality. She graduated from ILS Law College in 2011 and since then has worked extensively in the field of human rights, crusading for the rights of women, children, climate refugees and various other victims of discrimination and injustice.

    In this interview, she tells us about:

    • Human rights law – the areas she works in and why.
    • The International Bridges to Justice Fellowship
    • Schools of Equality
    • Advice for law students wishing to pursue Human Rights Law.

     

    Which areas of human rights interest you most and which human rights abuses are you most interested in working to address in your career, and why?

    Social groups have been divided on the basis of various facets of identity including race, gender, sexuality, class, caste and religion, resulting in violations of individual or group rights merely due to one or more aspect of one’s identity. Growing up in India, I felt anger at the normalization of this form of social injustice. Since my life experience is closely tied to my gender, related issues were those that resonated most strongly with me. Compounding this was the social acceptance and general sense of apathy towards gender-based violence in India. My untested belief that knowledge of law was empowering and a powerful instrument for social change motivated me to go to law school.

    After I graduated, I began practicing in the High Court of Madras and soon realized that in India legal responses have neither reduced its occurrence nor have they improved access to justice for victims. In spite of protective legislations, millions are unaware of their rights, conviction rates are abysmal and attitudes within the judiciary prevent rather than promote justice. Examples of judges telling victims of abuse to “adjust” to their circumstances and suggesting rape victims mediate with or marry their rapist as a form of compromise expose inadequacies in the current system and make evident the need for a change. I have been working towards facilitating this change through interventions in the legal and education system.

     

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    You are the recipient of two fellowships the International Bridges to Justice fellowship. Describe the kind of work you’ve done as a part of the fellowship.

    While practicing in the High Court of Madras, it became apparent that several other challenges exist which lie outside the ambit of litigation.These relate to lack of rights awareness, inadequate access to affordable and sensitized counsel and ineffective implementation of the law. To address these issues, I began to advise non-profits that work in the field of human rights alongside my litigation practice. In recognition of my work, I was awarded a Fellowship by International Bridges to Justice, which allowed me to scale up my efforts.

    Using the fellowship, I set up a collaborative program that brought together non-governmental organizations (NGOs) andacademic institutions and to organize periodic rights awareness programs and dispense free legal aid forindigent and marginalized women. I also set up a pro bono network of lawyers to provide free legal aid for these women in prison, most of whom were sex workers who had been coerced into the sex trade and then abandoned by their families due to the “shame” associated with the trade.

     

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    What motivated you to start Schools of Equality? How would you describe the work that it does?

    Despite receiving free legal assistance, women at the awareness workshops expressed reluctance to approach the legal system, as they felt further victimized by the judicial process and functionaries under the law. To encourage functionaries to act with sensitivity and a sense of urgency, I conducted training and sensitization programs with human rights lawyer, Ms. Geeta Ramaseshan.In spite of our efforts I observed that attendees were unable to shift deeply entrenched attitudes towards women. It became apparent that the insensitivity present within the Court system was symptomatic of widely held beliefs about women and gender roles in society.

    Recognizing that gender socialization begins early and is reinforced by societal institutions, culture and media, I started Schools of Equality, an organization that runs activity-based programs which aim to shift social attitudes that perpetuate gender-based violence. The program encourages students to question notions of power related to gender and its intersectionalities like caste, class, religion and sexuality; to understand the right of choice; and to respect each other’s rights.As a part of the curriculum, they learn about their rights; interact with social justice movements, lawyers, artists, writers, photographers, musicians, performance artists, and therapists; frame their own opinions; learn creative modes of self-expression; and take action to build communities of respect.

     

    What is the format of the program?

    Our year-long programme has been incorporated within the mainstream school curriculum. We organize one session a week conducted by a trained facilitator, who exposes the students to a variety of approaches to equality, allowing them to frame their own opinions. Our team of facilitators come from a variety of backgrounds including law, film, journalism, art, education, psychology and theatre. This year, the sessions in the first term focussed on examining issues of identity and stereotypes. Sessions in the second term will focus on creating rights awareness and discussing the impact of media and popular culture on equality and social justice and the final term will see students draft their school constitution, plan campaigns and organise events within their local community.

     

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    How have schools responded to the programme? Can you include quotes or testimonials from schools?

    Although it was challenging to introduce this curriculum within the existing conservative school system, transformation amongst the students and action taken by them within their communities captured the attention of other schools, the national media and the local government. The local government in Chennai and Kadapa district in Andhra Pradesh appreciated this approach to addressing social justice issues and have now introduced the program in government schools at the city and village level.

    We have received extremely positive feedback from teachers, parents and students we work with. Here are some of the responses:

    Teachers: “Schools of Equality provides a safe and empathetic platform for students to talk about the most essential yet sensitive, so-called forbidden topics in society…helping students become resilient and global citizens, aware of their rights”

    “It’s so nice to see the space you have created for them (the students) where they feel comfortable to speak. They’ve opened up and seemed more confident in their own skin. For some of them, the transformation has been so positive that it’s difficult to even recognize them anymore.”

    Parent: “I have been hearing about Schools of Equality from my son. I feel you have made him feel empowered and I see him empathize as well.”

    Students:

    “I liked all of us interacting and talking about each other’s problems and also realising what empathy is and how much it matters.”

    “The questions asked in this class were thought-provoking and intriguing. This class was very useful to us.”

    “Schools of Equality has changed the way I view everything.”

     

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    What is your vision for the role human rights law and lawyers should play in promoting social justice?

    My vision is a human rights framework that provides a robust mechanism to bring national government responses closer to their international commitments. While it is important to carefully assess and arrive at a human rights framework that sufficiently represents all stakeholders, what is even more critical is ensuring states’ compliance with the same.

    We have multiple actors and agencies, working on the global issue of social injustice in different locations, at different paces, and none free from partisan politics. Rights on paper are insufficient in the absence of genuine participation in what needs to be a collective effort to deal with issues of social justice internationally. Therefore, while framing law, equal emphasis must be laid on creating fundamental enabling conditions that will aid effective implementation. This will involve building collaborative networks, facilitating coordination between state and non-state actors and conducting training and capacity building to prevent and respond to social justice violations.

    Also, lawyers must look beyond formal legal structures and be innovative and creative in developing interventions along with experts in other disciplines. These interventions must appreciate the embededdness of social injustice issues within the larger socio-cultural context, and must involve community engagement to address it at the interface of law and society. Only a multi-pronged approach that is designed with a clear understanding of this systemic problem, the factors that have contributed to it and the societal and institutional roadblocks that contribute to its perpetuation will help address issues of social injustice.

     

    What advice would you give law students wishing to pursue a career in Human Rights Law?

    A lot of the advice I have for a law student interested in a career in Human Rights Law is captured in the “Letter to a law student interested in social justice” by William P. Quigley: https://law.duke.edu/curriculum/pdf/interested_social_justice.pdf

     

     

  • Matthew Sadler, Academic, Business and Commercial laws, Staffordshire University on career opportunities and higher studies

    Matthew Sadler, Academic, Business and Commercial laws, Staffordshire University on career opportunities and higher studies

    Matthew Sadler is an academic from the UK-based Staffordshire University’s Law School and a specialist in Business and Commercial Law with a focus on the Law of Obligations, namely Contract Law & Problem Solving and Tort Law & Civil Liabilities. After having garnered experience in commercial roles early in the domain of domestic ceramics manufacturing, import and export; industrial recruitment and head hunting he chose to pursue an LL.B from Staffordshire University itself and qualified in 2013. He is currently pursuing a PhD from the university.

    In this interview he talks about:

    • The course curriculum and other information about Staffordshire University
    • What led him to study law after experiencing practical business and commercial issues
    • Academics and pursuing higher studies
    • Career opportunities in business and commercial laws.

     

    How would you introduce yourself to our readers?

    I am Matthew Sadler, Lecturer in Business and Commercial Law at Staffordshire University.

     

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

    Having worked in a variety of commercial roles in my early career including domestic ceramics manufacturing, import and export; industrial recruitment and head hunting; business start up including a commercial aviation company in the Caribbean as well as general Management Consultancy for the hospitality sector I realised how influential on every day practices the law is and how little regard to its importance is often given by business professionals. I wanted to create knowledge for myself so that I could be a more effective businessman.

     

    To what incident, experience, or influence would you attribute love for Business and Commercial Law?

    After 18 years of experience in a variety of fields, I found law to be a unique impactor on business. I decided to return to education to increase my knowledge, understanding and awareness and pursue a career within academia so I could impart my experiential learning to future business innovators.

     

     What helped you shape your current professional profile within the field?

    My previous commercial experience shaped my legal knowledge and allowed me to focus on certain commercial law specialisms including Employment (Labour) Law.

     

    What would you like to tell us about your experience in competitive commercial environments after leaving school?

    Commercial activity is not dissimilar to the law in that it is dynamic and constantly changing and adapting to societal trends. My legal research focuses on the relationship interactions within commercial activity from a legal perspective. This includes power dynamics and socio-legal theory relating to communication within commercial enterprise. This is a reflection of my previous business experience which has heavily influenced my legal research and study. Therefore with a reflective analysis I can look back and see that intra-communication activity is the key to successful business and it is when this breaks down that legal consequences often arise.

     

    How did the same impact your career path?

    My previous business experience has heavily influenced my legal research and study.

     

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

    I thought of the law as a twin system in that there were legal professionals that focused on large corporate cases and then smaller firms specialising in individual family or land disputes. This was a huge misconception as I have come to realise that the law infiltrates all aspects of daily life and the legal profession are not merely catalysts to allow conflict to flourish in the courts but are facilitators to allow for dispute resolution for the benefit of all parties.

     

    What drove you to pursue masters after completing an LLB? Why the higher education over joining a law firm or a legal practise?

    I wanted to increase my knowledge and awareness of the interaction of the law with sociological factors. Does the law influence and guide societal change or is the reverse the case? I had realised I had a passion for research and decided to alter my career plans and remain in academia.

     

    What made you decide to teach law rather than practise it?

    Teaching law allows me to indulge in my passion for research. Whilst learning new themes and concepts for myself I am able to share this knowledge with my students. Research informed teaching is of paramount importance for academics as we seek to shape the minds of the next generation of legal practitioners.

     

    Given the chance to re-do the same, would you still choose to teach rather than practise?

    I think if I had the chance to relive my life I might have decided to study law at an earlier age and would most likely have entered professional practice. That being said I also think it is highly likely I would have wanted to share my professional experience with students and would have also entered academia at some stage.

     

    Further, what prompted the PhD in Employment and Equality law?

    Doctoral studies allow an individual to pursue a niche and specific area of research that ignites a passion in them. Whilst I was working within the professional employment field as a recruiter and head hunter I realised how defective certain practices were and that in some fields there is persistent discrimination and breaches of equality ethos. I wanted to investigate the power relations between employer and employee with respect to pro-activity in relation to anti-discrimination legislation and practice.

     

    What are your views on the relationship between progressively higher education and their correlating impacts on placements within and beyond the legal sector?

    In the United Kingdom there is huge competition for students who are planning to enter the profession. A reflection of this is that Universities need to prepare students for the world of work with practical skills as well as legal knowledge. We encourage our students to find placements early in the academic career to allow them to foster relationships with potential employers and training providers. This is a central ethos of our legal education at Staffordshire University.

     

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    What has your teaching experience been like so far and how would you sell the idea of academia over practise to your students?

    Academic is not for everyone. You need to possess administrative skills, sales skills, empathy characteristics, patience, determination, flexibility and above all a thirst for knowledge. However it is an extremely rewarding career that allows people to progress their knowledge through research whilst educating bright minds.

     

    How would you advise law students today to approach a career in academia?

    Study hard and remember that nothing worth having comes without some hard work. Aim to be the best informed in your area of interest. Do not study a course or subject because you think you should. You need to follow your passion for a subject area as you are more likely to succeed. Also it is a marathon and not a sprint. It takes time and patience but with perseverance you will succeed.

     

    What are the advantages of studying law at the Staffordshire University?

    Staffordshire University has a dedicated team of academic professionals that possess excellent teaching skills coupled with real word practitioner experience. We encourage reflective learning techniques coupled with practical and problem based learning in order that students can apply their legal knowledge to real life scenarios. We have a purpose built Law School that is fully integrated into campus life and we boast an impressive Law Library, Moot Court and Legal Advice Clinic. The Legal Advice Clinic, which students can become involved with from their second year of study, allows students to develop work-ready skills which are valued by employers.

     

    What measures are you taking to ensure that Indian students opting to take up a law course at Staffordshire University can utilise their knowledge in India?

    At Staffordshire University we integrate practical skills with technical and factual legal education throughout our programs of study. All our law courses provide students with the capabilities to apply their legal knowledge and understanding to real world scenarios with practical problem solving skills required by the legal profession. These skills and attributes are relevant in any jurisdiction and will enhance a graduate’s employability in order to attain their career goals.

     

    Tell us something about School’s new LLM programmes in Human Resource Management and Employment as well as Family Law and Society. Also is there any option of distance learning?

    Both our new programs incorporate business and commercial awareness, socio-legal application, critical analysis of current professional practice alongside intra-disciplinary approaches to legal study. At Staffordshire University we are aware of the importance of Global Citizenship and have tailored our study programs to reflect our desire to encourage student diversity. Consequently we have study options that incorporate attended sessions in the UK alongside electronic engagement that can be conducted from anywhere in the world. We offer Distance Learning options in LLM International Sports Law as well as in International Business Law.

     

    How do you compare the academic curriculum of law schools in India with that of the United Kingdom’s? Would you suggest any change which is needed to be brought to reform the legal education in India?

    The academic curriculum in India and the United Kingdom is not dissimilar. We have legal systems based upon comparative principles and so the teaching of subject matter is very much aligned. Both countries teach the foundational principles of law such as constitutional law, law of contract, law of torts etc. but will inevitably have niche areas of law that are reflected in their nation’s activities. One such example is a prevalence of opportunity to study Space Law in India which is not a common subject in the UK.

     

    Tell us something about Staffordshire University Legal Advice Clinic (SULAC).

    Our Legal Advice Clinic allows students to apply their legal skills and attributes within an actual legal practice. We offer pro bono services within the field of civil litigation to the general public as well as students and University staff. The clinic allows students opportunities to help the public with legal issues, such as contract disputes, housing issues and contested wills and probate. Though the work is supervised by a qualified solicitor, it’s the Law School students who prepare the letters of advice. So, students gain authentic learning experiences whilst at University. Students can also utilise their practical experience as part of the Legal Advice Centre module and earn academic credit.

     

    The career opportunities in Business and Commercial Law

    Students who have studied for a Bachelor’s Degree in Law where exposure to the legal regulations of Business and Commercial activity have a unique opportunity for their career development. They will have gained valuable insight into the commercial world and be able to apply their skills and attributes to the real world. In short, students have the option of progressing on to a career within the legal profession or to pursue a career, for example, within the corporate business or finance sector.

    Many of our alumni are highly successful individuals within entrepreneurial business enterprises. Others work within a variety of law related jobs including the Courts Service, Human Resource Management, Customs and Excise, Accounting and Insolvency Practice, Company Managers, Law Enforcement and the Civil Service.

     

    What would your parting advice be to our readers?

    Never think of the law as a dormant discipline sitting in dusty textbooks on a shelf in an unvisited library. Law is dynamic, exciting and ever changing and exposure to its multifaceted characteristics provides exciting opportunities for study and career development.

  • Sagarika Chakraborty, CEO, IIRIS, on law school, research work and MBA from ISB, Hyderabad

    Sagarika Chakraborty, CEO, IIRIS, on law school, research work and MBA from ISB, Hyderabad

    Sagarika graduated from NLU-Jodhpur in 2008 and from the Indian School of Business in 2012 with a Master of Business Administration, Strategy and Marketing degree. She is at present the CEO of Indus IntelliRisk and IntelliSense Services Pvt. Ltd. (“IIRIS”). She has several academic papers and publications to her credit and internships with reputed corporate houses and organizations such as Amarchand Mangaldas Suresh A. Shroff and Co. and ISRO, Bangalore. In this interview she talks to us about:

    • Activity-oriented law school days at National Law University, Jodhpur.
    • Her views on the CLAT, mooting in law schooland internships
    • Her transformation from a corporate lawyer to a risk management expert, leader and manager.
    • Working at IIRIS and career opportunities there for law graduates.
    • Her views on management of Non-Performing Assets in the Indian banking industry.
    • Publishing– books, papers and the history behind her affinity for writing.

     

    Please tell our readers about how your interests gravitated towards law.

    I come from a family of engineers, so a degree in law was never considered to be the first preference. However, call it genes (my maternal grandfather was a lawyer) or just the urge to break the monotony – I wanted to become a lawyer ever since I was 12. The fact that I could make a difference with my intellect, my reasoning and help build a change allured to me more than building machines I guess.

     

    How would you describe your time at National Law University, Jodhpur? What all activities did you participate in?

    When I graduated from NLU, I recollect that we had to describe the campus in one word amongst a friendly meet up. I referred to it as my “transmorgifier” (reference : Calvin & Hobbes) – for it made me believe in things I otherwise thought I could never achieve and unlike my counterparts outside campus, I knew what I wanted to do and where my passion lay.

    I have always been an over ambitious, go getter, who believes in making full use of her time anywhere. So NLU saw me being an active mooter (proud to mention that my team mate and I won the first national trophy in any competition in the history of NLU), active debater, participator in all social activities, legal aid camps and yes being at the helm of affairs of the “Editorial Committee”.

     

    You went to an NLU at a time when CLAT hadn’t started and every law school conducted its own entrance exam. What are your views on the shift to a common law entrance exam?

    Well if you ask the prudent me – I think it was implementation of a much needed concept. It helped break the barrier amongst a lot of law schools. However, in the shoes of a prospective student, I would still prefer the old system. Somewhere, it gave us more chances. Now, have one bad day on the CLAT day and you can kiss your National Law University dreams good bye – life gave us second chances in the absence of CLAT to be a part of another campus.

     

    From ISRO, Bangalore to AMSS, you have done versatile internships during your time at law school. How did you go about deciding where to apply? In retrospect, how beneficial were these internships for you?

    As I said earlier, unfortunately (or fortunately) I have always been a person who knows what she wants from life and therefore it helps in my planning. Every internship therefore was a well thought of affair. I was representing India for the Manfred Lachs Moot in Sydney, and I saw the ISRO internship to be the perfect opportunity to gain technical knowledge. Call it my good fortune or a lucky stroke, I was involved in the research of Chandrayaan during my tenure there and it gave me tremendous exposure to policy making and international law – an experience I shall always cherish.

    Similarly, Kingfisher was my preferred choice, because at that time they were involved in the huge debate of whether the aircrafts being procured should be “leased” or “mortgaged” – a coveted debate in those days. So I was very lucky to be a part of their legal team during my internship there.

    As for the law firms – well it is an eternal struggle for a law student to identify where their interest lies, in corporate houses or in law firms. So guess, I used that opportunity to understand why law firms are not for me and why I am more interested in business houses.

     

    Do you think moot courts and client counselling competitions add to a law student’s experience? How much importance did you give to these activities while at law school?

    Ha ha, I was a moot court (or any competition) junkie. During my school days I was a national level debater, so moot courts always appealed to me. They helped me oodles in gaining confidence, providing exposure, understanding the importance of networking and yes in helping find a few best friends for life! I cherish each of my experiences of participation in law school – the memorials helped me draft better and emerge as a coherent thinker and writer, the debates helped me sharpen my analytical skills and emerge as a better professional.

     

    From a corporate lawyer you have gradually turned into a risk management expert. How did this interest develop? How do you come up with risk mitigation strategies for a client?

    Though a corporate lawyer, I always wanted to also explore the other side of business. For me, the real thrill lay in not only executing a task but being in charge of end to end dealings of an assignment. Unfortunately, as a lawyer that visibility spectrum was not complete. I had always wanted to do an MBA, but was sure of only applying to a geography where I saw myself working – hence India was the only option. Further, I was clear that I wanted to go into the risk mitigation (physical security and corporate investigations) space – unfortunately there are no such dedicated courses in India. ISB being renowned for its strategy courses was my best bet thus!

    In my current role, there are no fixed formulae for drawing up mitigation strategies for a client – it all depends on the client need. The same can range from providing an advisory for a potential investment or to providing him with executive protection in order to protect his life and assets. It is just as broad and crazy, as it is fun!

     

    What is your day like as the CEO of IIRIS? What are your roles and responsibilities?

    It is a melange of running around, fitting in all meals during drives from one client location to another and brainstorming through the day about cracking hard core white collar crimes. There is one thing that is never there but – a  moment of dullness. That is why I guess, it never feels like a job. This profession is my passion and though it also pays my bills, I cherish it to the extent that I solve investigations in my dreams and quite often wake up to scribble a strategy that I thought of in my sleep, lest I forget in the morning.

    I am a part of a start up, therefore as a CEO there are no roles per se. Right from licking envelopes to executing confidential assignments – everything is my domain and I love to be a part of it.

     

    How did you transform from a corporate lawyer into a leader and manager? What strategies do you undertake to keep employees happy and efficient?

    (In the last one year itself Sagarika has trained over 500 bank officers in areas of Due Diligence and NPA Early Warning tracking. At the same time, she also managed employees and experts at IIRIS.)

    If NLU was my “transmorgifier” that helped me believe that I could be whatever I want, ISB was my “metamorphosis cocoon” that helped me change. The ability to multi task, to think and deliver coherently and all together is the best trait that ISB passed on to me during my tenure there. I don’t know how I do it, but I guess when you are passionate about something, your levels of adrenalin are very high and you are in a different zone altogether, where things just get done.

    Ha ha, I am quite a tough boss and trust me I go by the philosophy that I cannot make everyone happy, but instead I should try for providing an environment where there is job satisfaction and growth. I am a perfectionist and therefore I am known to push my team, but at the same time I shall only push when I know that I can take over and deliver so that under no circumstances does my team feel that they are being challenged without being provided support or a fall back option. The other philosophy that I have learnt from my mentor (who is also our MD at IIRIS) is that let people discover what they want to do and support their growth – thus we have no JDs at IIRIS – every employee is allowed to discover where their strengths and interests lie during the 6 months of probation and then pursue that.

     

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    Does IIRIS take interns from law schools? What is the procedure to apply?

    IIRIS is open to internships / recruitment from every scholarly and education field – for we believe that it is your passion and not your degree that helps you shine in the risk mitigation domain. Of course, being a lawyer there is an added advantage (I say this from personal experience) – the analytical abilities and the power to interpret is much higher and therefore we always welcome lawyers to be a part of the team.

    All job openings / opportunities are available on the “Careers” page of our website (www.iirisconsulting.com) along with the procedure to apply – just shoot a mail with your interest and the HR shall take care of the rest.

     

    The Govt. of India has been facing the problem of excessive accumulation of gold in households which blocks a lot of potential currency flow and causes hurdles. What is your take on this issue? Do you think successive Govt. policies have been able to solve the problem to some extent?

    BFSI is one of my preferred domains and I invest myself a lot in such investigations / risk advisory exercises. It is indeed a challenge that the country is facing, however we also have to acknowledge that India is one of the few countries who are accepting NPAs as a problem, instead a lot of the foreign counterparts who are either under reporting the same or changing definitions to lower such reporting. There are enough policies I feel, the regulators have been prudent enough to provide adequate guidelines – the problem however, lies in awareness and learning the importance of stringent implementation of such policies. The change is needed in the mindset and working methodologies and inwaking up to tackle the problem by the horns through differential risk mitigation approaches – but I am glad to say that things are changing and there’s indeed optimism in the air.

     

    You have several published papers to your name. How difficult was it to write your first published paper? Please share your experience.

    This question, actually made me stop and recall my first published research paper and at the risk of sounding conceited, it did take me a while. I give it to my professor Lt. Vedantam Shashtri (NLU, Jodhpur) to have inspired me to pick up the pen and indulge in research. It was a project done for his class that inspired me to take up a working paper along with him. From a tiny mention as a “researcher” to being the “leading author” (and he agreeing on the co-author tag) – I guess somewhere he inspired me to believe that policy making and research was something that came naturally to me. I write as an extension of the dream that drove me to be a lawyer – to bring about change. I know I shall stagnate if I don’t brainstorm and indulge in research – so I guess I am not very different from those who do it to beautify their bios – we all have our own selfish reasons, as long as we are at peace with our reasons for doing it.

     

    How do you find the time to write papers and books despite your busy schedule?

    I never chose the pen, the pen chose me. Coming from a Bengali family, intellectual growth was promoted right since childhood. Everyone in my family has picked up the pen for academic or other reasons, so I guess right since childhood I have expressed better through printed / written words. Further, my grandmother made me realise that the greatest power is immortality and words never die. I write in my head, throughout the day and thus, by the time I sit down to write the next chapter of my upcoming book or finish a research paper for a financial institution – there is no additional work that I am doing. I am merely penning down a dictation that my mind is narrating. It comes just as naturally to me.

     

    What is your message to our readers?

    Never let people tell you what you can do. Instead understand what they think you cannot do and challenge yourself. Know your passion and no matter how deviant, pursue it. Respect your body, there’s little you can do without it being in the prime condition. Love what you do, strive to be an expert so that when you speak the world knows that you are not there to hog the limelight but that you mean business. Lastly, in your own little way, try to retire to bed with the satisfaction that you have given back to the country that gave you your biggest identity – the nationality / citizenship!

  • Lavin Hirani, Head-Legal Affairs, Red Chillies Entertainments on law and bollywood and importance of IPR

    Lavin Hirani, Head-Legal Affairs, Red Chillies Entertainments on law and bollywood and importance of IPR

    Lavin Hirani, though not a Bollywood actor himself, is a star in his own right. The present Head of Legal Affairs at Red Chillies Entertainments Pvt. Ltd. (Shah Rukh Khan’s Company), he could very well be termed as a mega star in the field of Entertainment and Intellectual Property Rights Law. A graduate of the University of Mumbai (2007), as well as post-graduate from The University of Manchester (2009), he first started off his career as a Litigation Associate with Khaitan & Jayakar, soon moving on to work as a Media & Entertainment Attorney, first with Naik Naik & Co. Advocates, and then with Hariani and Company – leaving the position in August 2015 to join RCE.

    In this interview, he speaks to us about:

     

    Given that most of our readers belong to the legal fraternity, how would you introduce yourself to them?

    Hello, everyone. My name is Lavin Hirani. I am settled in Mumbai, and have been a practicing lawyer since having graduated from the 3 year LLB course in Mumbai University in the year 2007. I am thrilled to have been given this opportunity to share my modest experience of 8 years as a practising lawyer, with the legal fraternity and readers of Super Lawyer.

    I currently work as the Head of Legal Affairs at Red Chillies Entertainment, a film production studio based out of Mumbai since August this year, prior to which, I was handling the  media and entertainment practice at Hariani & Co.

     

    Having done B.Com from Mumbai University, what motivated you to choose law as a career from the same University?

    Well, I would love to say that it was an independent decision, however the truth is that I come from a family of lawyers, including my father, who is an active practicing advocate, due to which I was always intrigued by the profession of law. However, I was never sure of the field of law I wanted to specialise in, and therefore I involved myself with different aspects including criminal and civil litigation prior to deciding that I wanted to specialise in Intellectual Property/Copyright and Media Laws.

     

    Did you find that your law school education had prepared you sufficiently for the many tasks you were required to execute during your internships and later at your job?

    Well, the bitter truth about most of the law schools in India, except for a few of the highly rated national law schools, is that the education and the curriculum never fully prepares you for a career in law.

    Thankfully, I was informed about this by various friends and family members, due to which I went for a law internship even before I started my law education.

    Formal legal education in India can only prepare you so much to help you get an initial background of what the procedural laws / substantive laws in India are all about. The real education starts only once you engage yourself with real life cases, which enable you to realise the intricacies involved in solving the day to day issues faced by clients and how you deal with them.

     

    Right after graduating, you joined M/s Khaitan & Jayakar as an Associate where you worked for one year, and then went for an LL.M. Why did you decide to go for higher studies?

    I always wanted to pursue a Masters in Law. However, I personally believed that a Masters degree in law would have a greater impact and be more fruitful if I had some kind of practical experience as an advocate before I embarked upon any form of specialised education. And to my credit, it did work for me, as I was better able to imbibe the course and appreciate the finer nuances of law, including the subjects I wanted to specialise in.

    I would also like to add that there is no ideal time to educate yourself. Every opportunity is a good opportunity. I know of several colleagues who waited for 3-4 years after graduating law before enrolling in a Masters degree, and several who jumped into one directly after law school, so there is no real straight-jacket approach to a Masters degree.

     

    Tell us something about your LL.M year at the University of  Manchester (UOM), United Kingdom. How did this influence your career?

    There are various reasons why one may pursue a Masters degree, especially from a foreign university. Some of the reasons would be – getting a better position with their current employers/law firms, or as the first step in their journey to work and settle abroad, or better earning prospects, etc.

    However, the reason why I chose to pursue my Masters degree abroad, was to get a broader perspective in my chosen career path, and also to gain further expertise in subjects like IPR, Competition and Business/commercial laws, which I was really interested in, with an accredited university like UOM.

    Although I would like to believe that pursuing a Masters degree abroad did help me with my career, I wouldn’t say that a mMasters degree is a must for everyone, as the costs involved are huge, and it may not always directly co-relate to an increased compensation / better position at work once you are back in India, if that’s what one is looking for.

     

    Soon after Masters, you joined Naik Naik & Company and worked there for two years before joining Hariani & Co. How was your experience working there?

    As I said earlier, one of the subjects I had enrolled in during my masters abroad was intellectual property rights. Naik Naik & Co. was back then and even now one of the few law firms specialising in IP and Media laws and therefore was one of the law firms I interviewed with on my return to India.

    I started working at Naik Naik & Co. from July 2010 for a period of approximately 2.5 years, wherein I got the opportunity of being involved in all kinds of matters ranging from handling transactions related to media and IP related documents to criminal and civil litigation before various courts, commissions, tribunals, CBI, the Supreme Court of India, various High Courts across the country, etc.

    I was involved in several film industry related disputes between producers and broadcasters, guild issues,  issued faced by artists, copyright infringement cases, writ petitions, criminal litigation relating to film personalities, while also being involved in non-media related issues/matters pertaining to land disputes, company petitions, service tax, the Adarsh Scam, etc.

    As a law associate, this was one of the most exciting periods of my professional career back then, as I was engaged in multifarious kinds of litigation and transactions, which is extremely important for any junior starting out in law.

     

    Since November 2012, you started working with Hariani & Co. Tell us about the nature of work you’re entrusted with therein.

    Hariani & Co. is a full service law firm specialising in real estate, litigation, media & IP laws, with several media and film production companies as clients. Although I was really happy with the kind of work I was doing at Naik Naik & Co., I always had a penchant for transactional IP work, which I was missing out on, due to the humungous litigation practice at Naik Naik & Co. I was entrusted with.

    I joined Hariani & Co. in November 2012, and worked there till August 2015. During my stint at Hariani & Co., I was able to hone my skills and knowledge of IP laws, especially copyright law, due to the substantial film and television related transactional work I was entrusted with, including a fair amount of media related disputes/litigation.

    I would like to mention the name of Mr.Ajay Vazirani, Senior Partner at Hariani & Co., under whose guidance I was heading the M&E practice, where I was given full charge of all media clients including some of the biggest film producers in India.

    I have been fortunate to have worked with a great set of people at both Hariani & Co. and Naik Naik & Co., which I believe is extremely essential for any lawyer, as I believe that the only way one can develop and gain, is from learning from others, including juniors, in addition to keeping yourself abreast with developments in your chosen field of practice.

     

    You have specialized in IP law. What made you interested in the same? How would you suggestone can gain expertise in IP Law?

    As I said earlier, I was never sure of the field of law I would choose to specialise in, which I think, in today’s world, is extremely important, while also being competent and informed to deal with any other legal issues your client may face.

    I have had the opportunity, at various stages in my career, of dealing with all kinds of laws, including criminal, civil, real estate, commercial, tax, maritime, contracts, customs, etc. However, I, since my college days, have continued to be extremely enamoured with IP laws, especially copyright laws.

    One of the primary reasons I chose to specialise in media and entertainment law is that it is extremely dynamic and ever-changing, and continues to inspire me with so many issues being faced by authors and the industry, in general, especially pursuant to the vast amendments made to the Copyright Act in the year 2012, some of which issues, the film industry continues to battle with.

    In addition to having a special interest in copyright, I am also interested in commercial/business, and contractual laws, which I think is extremely important for any lawyer today. Except for a few branches of law, everything in today’s world is about business and contracts, where another important skill for a lawyer is drafting and negotiation, which also is something I strive to get myself involved with, and improved at, with each passing day.

    Further, I am not aware of how one can gain expertise in IP law, as I do not consider myself to be an expert. However, I believe the best way to get yourself to become an expert in any subject of law, would be to involve oneself with the constant practice of dealing with real world issues of the particular field of law you want to gain expertise in, and also by updating yourself with various developments happening in the said chosen field, including through court judgments, reports and industry specific notifications/updates on a regular basis.

     

    What are the primary essentials of an IPR lawyer? How might a fresh graduate work on building these skills?

    According to me, the essentials of a good IPR lawyer is knowledge of the acts governing copyright, trademarks, patents and designs, including laws pertaining to contract and specific performance, as most of the acts governing IP provide for the requirement of written agreements recording transfers, assignments and registration of IP.

    It is also good to have some basic knowledge of how litigation works in India, and not just procedural laws governing the subject, as it is very important for a lawyer to understand the difference between probability and possibility of issues arising from any particular clause / agreement negotiated by one, and moving forward accordingly. Every deal/transaction has its own modalities and specifics, and therefore good drafting and analytical skills are an absolute must for a lawyer, as this is something where many lawyers miss the bus.

    I have had the fortune of working with several accomplished lawyers as a junior, and from what I have learnt from watching them from a vantage point over the past several years, I believe the best way to learn for any fresh graduate is to be sincere and spirited, as the only way one can learn is through eagerness and hard work.

     

    What would be your advice to students interested in Intellectual Property Rights?

    My advice to anyone interested in IPR would be to follow your instinct. There is no right or wrong field in law. There may be ones that are more lucrative than the other. However, you may only succeed if you are interested, and have some form of expertise in your chosen field.

     

    IPR is also vast, with lawyers specialising in trademarks, copyrights, technology, and also as patent attorneys.

     

    You have recently joined Red Chillies Entertainment (RCE), which is promoted by Shah Rukh Khan. How did this shift take place?

    Due to my work profile, I was involved with various film production companies, and as some of you may know, RCE has recently adopted a major shift in its strategy towards being a full-fledged film production studio. Knowing my interest and aptitude with film related transactions, and not only as someone having a legal background and approach, but also someone interested in the business end of things, I was offered to join RCE to head the legal department, which, according to me, was an interesting opportunity at this juncture of my career.

    Having known the entire team at RCE, having worked with them closely since the past several years, it wasn’t a difficult decision to make.

     

    What all falls under your responsibility as Head Legal at Red Chillies? What are the primary requirements for such a role?

    I am engaged in the dual capacity of Head Legal of RCE, and also as a personal in house legal advisor for Mr.Khan’s personal endorsement’s and investments.

    However, in my role as the Head Legal of RCE, I am responsible for all legal issues faced by the company on a daily basis, including being responsible for all transactions pertaining to films produced, and various other IP controlled, by RCE, including acquisition, sale, licensing and distribution of films, brand associations, etc.

     

    Does specialization in IPR Laws, especially Copyright, help in such a work profile?

    Yes, it does. RCE being involved in the business of production and distribution of films, I deal with issues relating to copyright laws on a daily basis. However, in addition to the same, it is also extremely important for me to delve into various issues concerning the internal workings of the company, for which knowledge of employment and labour laws, corporate, sports, real estate and various other Indian and international laws, is also a must.

     

    What will be your message to those who aspire to join Bollywood as a lawyer?

    I won’t use the word Bollywood, as it’s an extremely restrictive term, and is used in reference to the film industry in Mumbai, only. However, the media and entertainment space is growing day by day, and furthermore, with the onslaught of entrepreneurial ventures and start-ups in the technology / ecommerce and entertainment space, there is huge potential for IP lawyers in the future, as long as they are willing to be striven towards, and genuinely concerned about IP laws, and not just the sugar coat of the media industry, which fades away in no time.

    As a parting note, all I would like to say is that in addition to having knowledge and experience, it is extremely important that one is pragmatic and enthusiastic about their chosen field of law, including understanding the importance of maintaining inter-personal relationships with fellow lawyers / colleagues, as law is one of the few professions where you are bound to interact, in some form or the other, with your past or present colleagues, seniors, juniors and others, over transactions, deals or some form of dispute/s, and therefore one must not ever under-estimate others or over-estimate oneself, as everyone you interact with will in some way or the other contribute to your being a better lawyer.

    Wishing everyone at SuperLawyer and its readers a very Happy New Year!

     

     

     

  • Kalyan C. Kankanala, Managing Partner, Banana IP Counsels on building a career in IPR and writing novels

    Kalyan C. Kankanala, Managing Partner, Banana IP Counsels on building a career in IPR and writing novels

    Dr. Kalyan C. Kankanala pursued law at Osmania University, graduating in 2001. From there he went on to do an LL.M in Intellectual Property from Franklin Pierce Law Center and a PhD. in Patent Law from the National Law School of India University in 2006. Kalyan is a renowned Intellectual Property attorney in India. He specializes in helping clients maximize business value from their intellectual assets. He is the founder of Brain League IP Services and BananaIP Counsels. He is also the founder of the popular IP Blog, SiNApSE.

    Kalyan is a prolific writer, with several fiction and non-fiction books and publications to his credit. He teaches at premier institutes like National Law School, Bangalore and IIM, Bangalore. He worked as a consultant for the United Nations Industrial Development Organization and is at present a trustee for the Cane Foundation, and a member of the editorial board of the Journal of Intellectual Property Rights, NISCAIR.

    In this interview, Kalyan speaks to us about:

    • His days as a student and motivations during his academic journey.
    • His tryst with Intellectual Property Law and his work as an IP Attorney.
    • His passion for researching, writing and publishing.
    • The future of IP practice in India.
    • The challenges faced while establishing his start up Brain League, and later BananaIP and his views on social welfare.
    • How he balances his personal and professional life.
    • His Legal Thriller novels and other IP works.

     

    How would you introduce yourself, given that most of our readers are law students, law aspirants or professionals in the legal arena?

    I am an Intellectual Property attorney, who loves to work with creators and inventors. The merger of law, Science/Technology and Business excites me, and I am glad to have chosen this profession. Apart from practicing IP Law and helping clients realize business value from their intellectual assets, I also teach at institutions like National Law School, Bangalore and the Indian Institute of Management, Bangalore.

    I enjoy writing and have published several articles and books. In addition to academic publications, I also write legal thrillers on socially relevant themes. Right now, I am finishing my third book in the IP Law Thriller Series, The Dravidian, a traditional knowledge thriller. Earlier, I published Road Humps and Sidewalks, a Patent Law Thriller, and Pirates of Bollywood, a Copyright Law Thriller.

     

    What would you say motivated you to take up law as a career, given that it was not a very popular option in India?

    I was never motivated to pursue a career in law. In fact, I never considered it as an option. My entry into law happened by accident. I wanted to be a medical doctor, and therefore, joined a medical school. After six months in school, I had to leave due to the rapid progress of retinal degeneration, which led to a loss of working and reading vision. Then, on a well-wisher’s advice, I joined a law program in Hyderabad.

     

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

    Though I did not study at one of the best law schools in the country, my law college at Hyderabad gave me the foundation and encouragement to pursue higher education and research in Intellectual Property. Some of my Professors at the law college were a great source of knowledge and inspiration, and continue to be so even today. Hyderabad was in fact the starting point of my IP career – both academic and professional.

     

    What were the influences behind your decision to pursue an LLM in Intellectual Property Law from Franklin Pierce?

    The convergence of Science and Technology with law played a major role in influencing me to pursue an LLM in IP. In those days, Franklin Pierce was rated as the best IP School in USA, and therefore I decided to study at that law school. I was fortunate to not only get a good scholarship from Franklin Pierce, but also funding from the Tata Foundation for my LLM program.

     

     

    Were you always as fascinated by the field of IP law or was it an acquired passion that set in through your college years?

    As I mentioned earlier, I joined the LL.B. program by accident, and throughout the course, I was looking for an interesting career subject. Intellectual Property Law caught my attention in my fourth year and I was convinced by the end of the academic year that IP would be my area of specialization. Two factors led me to this decision: the role of IP in creativity and the involvement of Science and Technology in IP Law, especially Patent Law. The fascination started only after I started delving deeper into the subject.

     

    While most opt to end their education at an LL.M, you pursued a PhD in Patent Law from National Law School of India University. What drove you to higher education in your field of interest?

    Initially, I aspired to have a career in academic research and teaching, and therefore, joined the Ph.D. program at NLSIU, Bangalore. In light of my medical background, I chose Genetic Patent Law as my research theme. However, certain circumstances drove me into IP practice. In fact, I co-founded my first firm, Brain League, now BananaIP, when I was at National Law School, pursuing doctoral research.

     

    Between founding Brain League (now BananaIP Counsels) in 2004, while pursuing a PhD at NLSIU, and subsequently teaching at NLSIU as visiting faculty from 2005 onwards, how did you manage all of these time intensive tasks together, all while publishing research papers in domestic and foreign journals, and writing novels?

    Well, I love to write and teach, and have never faced issues with managing my time between practicing IP, teaching, and writing. Teaching and writing in fact help me do well in my profession as they drive me to learn continuously and keep abreast of IP developments. I enjoy creative writing, and have found time to write at least one novel every year during the last three years.

     

    Would you attribute any of your success to the types of internships you were exposed to? How would you advise current students to go about the process of finding and targeting internships?

    During my days at law school, interning was not very prevalent. I did not intern anywhere and missed the opportunity to learn the nuances of legal practice during my student days. Internships are a great way of learning the dynamics of legal work and choosing the right field that fits one’s goals. Students must look to intern at firms and companies specializing in different areas of law to get a flavour of the various fields of practice.

     

    Where does your love for writing come from? What motivates you to write?

    I do not need motivation to write. I write because I thoroughly enjoy writing. Reading and writing give me great happiness. Sometimes, writing helps me learn and understand a concept/issue better.

     

    What kind of research and work goes into your publishing?

    Normally, to write 500 words I spend at least five hours on research. Having said that, some topics require much longer, and some others, much less time based on my familiarity with the subject. For example, I take much longer to write on Medical Law when compared to patent law.

    Also, there is a difference between fiction and non-fiction writing. While my fiction is largely driven by experiences and observations, non-fiction is based on law, facts, case laws/studies, etc.

     

    How would you advise students to go about their careers with respect to research and writing, publishing-grade academic papers?

    I wrote my first article during the second year of LLB. It was not published but it taught me a lot about the topic. My first publication came along only during my LLM Program. It required one full semester of research to be eligible for publication. Nowadays, it is not very difficult to get published if one writes a well-researched, articulate paper on a contemporary issue.

     

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    What sort of an effort did it take to get published by world-renowned publishing houses like the Oxford University Press, Japanese Innovation Foundation, Thomson West, etc.?

    It was quite challenging to get my first book published. I started by identifying appropriate publishers and writing to them. All publishers send you a proposal form, which asks for much more than details of your book. It is basically a pitch document through which one must make a case for acceptance of his work for publication. In addition to book details and sample chapters, it includes market data, marketing and promotional information, author profile, etc.I sent proposals to six publishers and got offers from three of them. Then, I weighed their stature and published with the one that I felt had the best visibility and reach. Once my first book was published with a reputed publisher, it was easy to get good publishers for my subsequent works.

     

    What are your upcoming novels? Are they also related to IP?

    Two of my books are set for release in 2016. Both of them do not relate to intellectual property. The first novel, The Oath, is a medico-legal drama. The second one, DogMafia, is a short thriller on the dog abduction mafia in Bangalore.

    My next IP Law Thriller is ‘The Dravidian’. This book is expected to hit the stands in 2017 if I finish it as per schedule.

     

    In setting up Brain League (now BananaIP), what were the challenges and obstacles you faced as a legal start up in the Indian market?

    Unlike start-ups in other areas, legal start-ups cannot market, advertise, and scale up through standard channels. While incubating out of IIMB’s entrepreneurship cell, we ran around the campus brainstorming for different strategies, only to realize that none of them would apply to us. To make matters worse, I was a fresher out of law school, with very little experience. My partner had some technology experience, but no legal experience or background whatsoever. We were probably in the sixth month when the first opportunity came our way. Sasken Technologies, a company based out of Bangalore, was looking for large-scale IP training and we managed to get the contract. Thereafter, for reasons we cannot really pin point, clients got in touch with us at IIMB and wanted to work with us. At that time, most patent lawyers lacked technology backgrounds and we provided that value to clients. By virtue of the said uniqueness, several newspapers and magazines carried stories about us, and things started falling in place.To cut a long story short, I think we were at the right place at the right time. Also, we were fortunate to get the backing of reputed Professors like Prof. Pavan Mamidi (IIMB), Prof. Ramakrishna (NLSIU), Prof. Anil Suraj (IIMB), Prof. Damodaran (IIMB), Prof. Murali (IIMB) and several others.

     

    What are your views on career choices other than mainstream corporate or litigation streams such as teaching, etc.? How, if at all, have your views on the same been affected by your time spent as visiting faculty at NLSIU and teaching at IIM, Bangalore?

    Today’s law graduates have more choices than before. The practice of law is getting more specialized, and many new opportunities are opening up on a daily basis.

    I once wanted to be in academic research and teaching, but could not take that path owing to certain circumstances. Unlike those days, the salary scale for teachers is now quite decent and it surely is a very good career option. In addition to teaching, students may also consider options like public interest advocacy, policy level lobbying, government positions, judicial services, etc. Starting up is also a very good option for law graduates. When we started Brain League in 2004, joining a corporate was an attractive proposition, and most of my friends preferred to join law firms or companies. Though we initially made several sacrifices by starting up, we were able to build the third largest IP Firm in India by 2012. Today, BananaIP is one of the fastest growing firms in India, and in hindsight, I feel I made the right decision. At present, the ecosystem in India is very conducive for entrepreneurship, and there is a higher probability of success for legal startups.

     

    What are your views on Intellectual Property as a lucrative and growing area of legal practice in the global scenario today?

    Intellectual Property is one of the fastest growing fields of law in India. Several areas of IP like licensing, open source, portfolio management, technology transfer, valuation, IP Management and even litigation are still in their early stages, and have a long way to go. These areas will have great growth potential in the coming years.

    IP Practice in India has progressed substantially from the filing, prosecution and registration perspectives, both qualitatively and quantitatively, and I foresee some kind of equilibrium in these areas by 2020. Having said that, if the Indian IP filing scenario grows like that of China, there will be tremendous growth in these areas as well.

    Moreover, there are several areas of law, where IP forms a very important component. Such areas include Entertainment Law, Sports Law, Technology Law, Ecommerce Law, Art Law, etc. These areas of law are still largely unexplored, and I foresee great growth potential in the said areas of practice.

     

    Having spent nearly three years as a National expert on IP at the United Nations Industrial Development Organization, how did your experiences there affect you as an individual and as a lawyer?

    Working with the United Nations Industrial Development Organization (UNIDO) taught us many things. I took up this work in association with my colleague, Soma Shekar, who is a leading Mechanical Patent Expert, and also, a good friend. At some level, we can say that working with UNIDO changed us as individuals. The work with UNIDO cluster companies in machine tools, plastics, and foundry gave us great insights about the said sectors, and how SMEs in those sectors operate. Today, this experience not only helps us understand SMEs better, but also enables us address their needs effectively. During our fieldwork, we met some very special, yet humble individuals, who have been making telling contributions through their innovative activities for more than thirty years. They taught us a lot about their work, and life in general. We feel privileged to have met them and treasure the knowledge they have given us.

     

    As a Trustee at the Cane Foundation, what motivated you to participate in social welfare for the disabled?

    Well, I always find it difficult to put this across. I am visually disabled, and had to fight the system for almost everything ranging from getting a scribe to travelling on a flight. We started the Cane Foundation to ensure that other disabled persons do not face the same problems and also, to take disability support to the next level. We were fortunate to get support and funding from people like Prof. Ramakrishna (NLSIU) to get the trust going.

     

    What advice would you give students looking to build a career in Intellectual Property Laws?

    Intellectual Property is a great field to be in. If you like to work with creators and inventors, have the ability to understand business, science and technology, and can adapt to change quickly, go for it. But, note that working with creators is not the same as creating. You will mostly be at the back end of creativity, helping your clients protect, manage, enforce and make money out of their intellectual assets, and may not get the visibility creators get.

     

    Amongst so many things do you find enough time for a personal life or does that have to be managed separately?

    Time for family and fun has never been a problem. I enjoy doing most things I do, and do not necessarily manage my personal life separately.

     

    What factors, facets, or traits would you attribute your success to? What, if at all, do you believe still needs work?

    Intellectual Property as a field is vast, and continuously evolving. To be competitive, you must learn on a daily basis and swiftly adapt to change. Over the years, I have been fortunate to work on some cutting edge projects, and learn from some of the best in the field. So far, I have merely touched the tip of the IP iceberg, and have a long way to go before I can call myself successful.

     

    What would be your parting advice to our readers?

    Pick a career path you enjoy and give it your best, the rest will fall in place.

  • Vaishnavi Bhaskaran, Partner, Spectrum Legal, on advising startups and Corporate Law

    Vaishnavi Bhaskaran, Partner, Spectrum Legal, on advising startups and Corporate Law

    Vaishnavi Bhaskaran graduated from National Law University, Jodhpur in 2010. She is currently a partner at Spectrum Legal where she heads the Corporate-Commercial and Employment Law Practice. In this interview, she talks to us about:

    • Her experience at NLU, Jodhpur and decision to pursue law
    • Her view on internships and augmenting a CV
    • Her professional journey and founding ‘The Little Black Coat’
    • Spectrum Legal and her views on the field of law in the contemporary context

     

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

    I have wanted to be a lawyer since the beginning of my teenage years. The idea (somewhat clichéd) first came to me after I had read a series of John Grisham novels in quick succession. Of course, the reality is vastly different from what one reads about, and I realised that soon after I entered law school. Fortunately for me however, the reality was not unpleasant. I had briefly toyed with the idea of journalism, but in the end, it was to be law.

     

    What would you like to say about your experience with college admissions and competitive exams?

    I was very clear that I wanted to attend one of the top-ranked national law schools, and I was very fortunate to have found a place at NLU Jodhpur.

     

    How would you describe your life while studying at NLU Jodhpur? What activities did you tend to favor?

    My time at NLU was undoubtedly one of the best periods of my life, and has gone a long way in shaping me, both as a professional and as a person. While at NLU, I had a clear vision of what I wanted to do once I graduated, and I focussed on doing things that would get me closer to my goal. I tended to focus on subjects that I thought would help me once I started practising, and pursued internships that would further my goals.

     

    Were you always clear on corporate-commercial law as your field of expertise or were you drawn towards it while studying there?

    It was after my very first litigation internship that I realised that litigation wasn’t my calling. Like most law students who start off thinking they will graduate and pursue litigation, I did initially pursue a couple of litigation internships. After I completed my second year however, I found an internship opportunity where I was given both litigation and non-litigation related work, which is when I realised that I wanted to be a corporate lawyer. Subsequently, I chose to pursue the corporate law honours course that NLU offers, in my fourth and fifth years.

     

    Beyond academic experience what would augment CVs of law students and make them better candidates for the same?

    Obviously, being from a good university and having a good GPA will more often than not, help you secure a good job in the legal field. However, even internships can open up doors in most organisations, if one is found to be hardworking, resourceful, knowledgeable and eager to learn.

     

    What kind of internships would you recommend law students opt for to start building the sort of versatility and widened range of law that you are well versed with today?

    Most small to medium law firms in Bangalore do not have the precise demarcations when it comes to areas of practice, as many larger firms do, and as a result, most lawyers tend to have wide exposure within the broader boundaries of their chosen specialisation.

    In my experience, interning with small and medium size firms provides interns an opportunity to learn a wider range of subjects.

     

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    Krishnamurthy & Co. (K Law), an established corporate commercial law firm, was your first placement directly after college. How did your experience there help you add to your understanding and practice of law in India?

    Immensely. In my opinion, K Law is an excellent place to start one’s career. During my time there, I worked on a very wide variety of issues and was very fortunate to have been given a high degree of responsibility at a relatively early age. Both these factors were instrumental in helping me start Spectrum Legal.

     

    What prompted your shift from K Law to Poovayya & Co., Advocates & Solicitors in 2011?

    At that point, I was keen to acquire more exposure and see how other firms functioned. I had interned with Poovayya & Co. previously, and had found the experience very rewarding and enjoyable.

     

    What went into founding The Little Black Coat in 2013? What were your motivations for the same and how did it affect your perspective on legal startups?

    Even while I was in law school, it remained my ultimate objective to set up my own law firm. At the time when I took the decision to go independent, the startup ecosystem in Bangalore was booming, and it was only a matter of time before they all needed lawyers.

     

    What did you learn from your experience with startups while running The Little Black Coat?

    Working with startups is a completely different experience from working with bigger and more established entities. Established companies tend to be business savvy and typically require only legal advice. Working with startups however, requires you to do a great deal of handholding and walking them through business and financial issues, in addition to providing them with legal counsel.

     

    Tell us what drove you to set up Spectrum Legal with Chinnappa and Co.

    By that point I had developed a small client base, and while being an independent practitioner was extremely satisfying, it is also limiting because you cannot service your clients’ needs beyond your area of practice. Additionally, being only one person, you also face issues because of a lack of bandwidth. At that point, setting up a law firm seemed the natural and logical step, and when I met my partners, I found the team a good fit to take that step with.

     

    What was the motivation behind creating a law firm that aims to provide all types of legal services across different fields of law in the same firm?

    Like I said above, when you practise only one area of law, it can become difficult to service a client in a complete manner. A full-service law firm brings with it a unique synergy and the ability to meet all the legal needs of a client in-house, which was the motivation in creating a firm that provide a broad spectrum of legal services.

     

    Working for a firm, corporates especially, is generally seen as a time intensive lifestyle which leaves little room for much else. How true would you say this is from your own experience?

    There is a great deal of truth in that. Law is indeed a time-intensive profession, but so are most careers these days. In order to succeed, one must be prepared to put in the hard work. Having said that, I think as one becomes older and more senior, there comes a time when an individual can decide what his or her priorities are, and accordingly devise a schedule in keeping up with those priorities.

     

    What are your thoughts on the traditional ideas of specialization in singular core areas of law as opposed to the contemporarily broader approach to a wider field of law with multiple specialties?

    In my opinion, this is a result of the market where clients are faced with multiple legal issues. When it comes to law, most of the learning happens while one is working, and as such, a specialisation develops when one has been working for a while. I personally prefer a wider area of functioning, as I find this variety exciting and challenging.

     

    What would be your parting message to the readers?

    Before you graduate, and during the initial stage of your career, the choices one is faced with and the possibilities can be overwhelming. However, you’re in for the long haul, and it’s imperative to never lose the joy that comes from practising law. Initially, one’s focus should be solely to learn and attempt to master one’s field, everything else will follow at its own pace.