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  • Simar Singh, LAMP Fellow, on all about the LAMP Fellowship

    Simar Singh, LAMP Fellow, on all about the LAMP Fellowship

    Simar Singh studied law from Amity Law School, Centre-II, Noida and has graduated recently. During his years of law school he has interned under Adv. Guru Dutt Sharma who was the Additional Standing Counsel for Government of India in the Dwarka District Court and also Adv. V. K Aggarwal who was also the former Law Secretary. Simar also won the Achiever Award for displaying leadership qualities by the University’s Founder President. He is also a fellow of LAMP (Legislative Assistants to Members of Parliament).

    In this exclusive conversation with Simar, we talk about –

    • His journey through Amity Law School, Noida and the internship experiences.
    • Achieving the Achiever Award for displaying leadership qualities by his University.
    • Receiving a letter of appreciation for efforts and conduct in International Seminar on Global Environment and Disaster Management from Hon’ble Justice U Tha Htay, Judge Supreme court of Myanmar.
    • Being chosen as a LAMP fellow (Legislative Assistants to Members of Parliament).
    • The work performed by a LAMP fellow and the learning acquired from it.

     

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

    I am Simar Pal Singh. I am a recent Law graduate from Amity Law School, Centre-II, Noida. I am a very passionate reader, especially biographies and autobiographies of different lawyers and eminent jurists. I also like to participate in debates and discussions. I am a LAMP Fellow for year 2015-16.

     

    Tell our readers a bit about your childhood and pre-college life as well as educational background. Do you have lawyers in your family who motivated you to pursue a career in legal field?

    I was born into a family of Government Servants. Both my parents were in the paramilitary force C.R.P.F and therefore my childhood was all about seeing one or the other parent going to a different State away from the family and serving the country. I did my schooling from CRPF Public School, New Delhi. I had always been an average student in academics but was always interested in sports activities. I was in the football team of my school and won many inter school tournaments. I was also a National Level Athlete and represented my school and my State in various sports meets and won many medals in 100 m and 400 m races.

    There were no lawyers in my family but my father did his LLB while working and used to tell us about his subjects. He never pursued law as a career but his talks on law as a subject and its importance in our society did intrigue me. I think this was the trigger which got embedded deep inside me and eventually got activated after my 12th  and that’s why when I decided to pursue a career in law, my parents were very supportive.

     

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

    After scoring well in my X boards, I took science stream on the advice of my family and teachers who according to the set convention told me to go for engineering. During my 11th and 12th I took coaching for getting into a good engineering college but It is a fact that it was all about just going with the flow and not accessing that whether I was actually interested in becoming an engineer or not.

    After 12th, most of my classmates took admission in engineering, B.Sc., hotel management, etc. I also joined the segment and, after clearing the entrance for Hotel Management got myself admitted in hotel management course in IHM Chandigarh and I think this was my life changing incident. It was my second day in IHM and it suddenly dawned on me that this is not the place where I belong. My parents have served this country all throughout their life and therefore I too have to be in a profession where I can serve the system and the country. This is when I thought of pursuing LLB.

     

    You graduated from Amity Law School, Centre-II, Noida in the year 2015. How would you describe your experience as a student aspiring to be a professional there?

    With no prior family background in law and practice, I would say the initial journey in the law school was little strenuous. When your batch mates know where they will intern and work during their course work and you on the other hand have absolutely no pointer as to how to cover up with them. And since I was from science background, I also had trouble in adapting the writing pattern for my law exams.

    But as it is said, with plethora of problems comes the opportunity to overcome them. One simply has to keep trying. After I realised this, things became much better. I studied hard and not just the prescribed course books but various books by foreign authors to gain insight on a particular subject, various biographies of those famous in our field to acquaint myself with working of the greats and current legal judgments to keep myself updated on the contemporary issues in our field. With sustained hard work and support of college, I was able to grasp on my subjects and do justice to them. It was a long and challenging journey where I started as a complete stranger and ended up discerning the calling for my life.

     

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    How instrumental was Amity Law School, centre-II in shaping up your legal career. Did you grow an interest in policy making in law school itself.

    Since ALS-II was the very first platform of my legal career, I’d say that it had a key role in moulding me and my career. I had very encouraging teachers who were always there to guide me and support me in my choices. I constantly, used to take advice from them which turned out to be invaluable in making career selection. I had commendable batch mates some of whom turned out to be my very good friends and healthy competitors who always strived me to do better. I wouldn’t say that I had an interest in the policy making per say in the college itself because I was completely focussed on law but I always did make an effort to be continuously in touch with the happenings in our country through newspapers and to keep a track on all the news bills that were being introduced as the process was part of our law itself.

     

    Tell us about your experience as a law student at ALS.

    Till my first year, I was also like the others a mere observer, watching activities happening but too nervous to come forward. But from second year I guess I grew into my fears and decided to take a leap towards them. I started participating in various moots and debates, representing my college all over India and before I knew it, I was assigned the responsibility of looking over these activities as the head of various societies. Participating in the various moots was always fun. It used to be like a trip with friends, exploring new colleges and meeting some of the best legal minds from all over the country. I think, public speaking and debating are very important for a student today especially a law student to gain confidence and come out of his shell but it is not the only important thing. I personally know a lot of brilliant law students who never did any mooting but are still very good in their arguments so it depends on the person.

     

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    Tell us a little bit about your internships and work experiences in the law field.

    My first internship was with Advocate Guru Dutt Sharma who was the Additional Standing Counsel for Government of India in the Dwarka District Court. Initially I simply used to observe the court proceedings and eventually I started reading out cases, preparing their briefs and following them up in the hearings. It turned out to be an illuminating experience as I saw the practical side of legal profession for the first time and realized that this was what I meant to do all along. The pleadings, the arguments and the decorum of a court, all of it captivated me and I did my internship with such dedication and enthusiasm that I was offered a part time employment by the Counsel to assist him with the cases which continued for three years of my law college where I saw myself being transformed into an Advocate much before my graduation.

    I also interned with Advocate Dr. V. K Aggarwal who was also the former Law Secretary and had drafted the Arbitration and Conciliation Act, 1996 where I got the first-hand knowledge on arbitration proceedings and their conduct. I observed the proceedings of various arbitrations, prepared briefs on various cases and performed extensive legal research on SEBI Regulations, Telecom Laws and Company Laws. But most importantly, I got the opportunity to gain prodigious knowledge about Arbitration as a subject from V K sir.

     

    Tell us about being awarded the Achiever Award, and your experience with Justice U Tha Htay.

    (Simar has two major achievements namely Achiever Award for displaying leadership qualities by the University’s Founder President in the presence of Hon’ble Chancellor and Vice Chancellor of University and a letter of appreciation for efforts and conduct in International Seminar on Global Environment and Disaster Management from Hon’ble Justice U Tha Htay, Judge Supreme Court of Myanmar.)

    I was deeply obliged with the fact that I was bestowed with that award and that my University thought I was worthy of it. After all the great learning, valuable mentors in the form of teachers, wonderful friends and many good memories, I owe Amity Law School II a lot and this award is simply an acknowledgement of the fact that my efforts and achievements have been supported and honoured by my college. Experience of college is one of the paramount experiences that one goes through life and for me my college journey has been simply astounding.

    My experience with Hon’ble Justice U Tha Htay was extremely enriching and enlightening. I was chosen to represent my University in this seminar and after a personal interaction with all of us, fortunately, the organizers found me competent to assist Hon’ble Justice U Tha Htay during his stay in the conference. I assisted him with his seminar briefs and meeting schedules throughout the seminar after which I was given a souvenir from Myanmar and a Letter of Appreciation for my work from the Hon’ble Justice himself which was a rare and privileged honour for me.

     

    Being a LAMP (Legislative Assistants to Members of Parliament) fellow is a great achievement indeed. What all did you have to do in order to get selected?

    Before answering this I like to share my gratitude to my previous faculty Dr. Sam Abraham. He was the person who pushed me to fill LAMP application and made me believe that I can get through this.

    In order to get selected, I had filled in my form with due diligence and made sure that I stick to the word limit that I was asked for. Once my application was accepted I was called for the personal interview before the panel three experts. For this I made sure that I speak only what I know and remained calm and confident throughout the whole interview even when I did not know the answer to any question.

     

    Tell us about the SoP you submitted for the LAMP fellowship?

    I did not prepare any SoP in advance and had filled my form spontaneously so I don’t have my SoP exactly but in that I had broadly mentioned that as a lawyer we generally see how Courts makes use of our existing laws to deliver justice. Till now I had seen law getting declared, but this fellowship would get me the experience as to how law and legislation is actually born and how the legislature of largest democracy in the world works. Further from this fellowship I intend to get insight the working government mechanism since it is directly responsible to our parliament.

     

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    How does one apply for the LAMP fellowship? Tell our readers about the process, requirements and finally your suggestions to our readers who aspire to become a LAMP fellow?

    To apply for LAMP, one has to be very vigilant. The online application for this fellowship opens around the starting of year and it is open for around 20 -25 days. One can find the link of application on LAMP website. Any person who is of age below 25 years can apply for this fellowship provided he is a graduate. My suggestion to anyone who wants to become a LAMP fellow is that keep your article on policy issue ready in advance. Also keep asking yourself that why you actually want to pursue this fellowship because in the SoP you should write what you actually intend and not what will constitute a right or good answer (There is no good or right answer). For interview I would suggest that the aspirant should know what they have written in their application form, few basic knowledge on the structure of parliament and current affairs.

     

    LAMP fellowship provides an excellent opportunity to interact with Legislators at a personal level, and to understand the policy process. What have you learned in your stint as an LAMP fellow?

    Well LAMP fellowship has just started and I feel each day is new opportunity to learn and this is the ultimate objective of this fellowship. You learn and experience things which you don’t know and which you can never experience in your normal routine work. I have learned to be more responsible and now I know that unlike the judgmental view, Hon’ble Member of Parliament actually works a lot.

     

    Tell us about working with your MP. What is the experience like? Please tell us about the kind of work a LAMP Fellow is required to do in a typical workday.

    I won’t be able to tell you the name. However the experience has been extremely delightful and knowledgeable. The work of LAMP fellow is nowhere strictly defined or codified. He is there to assist his Hon’ble Member for the work related to parliamentary affairs. In a typical day when Parliament is in session, he has to go through around 6-7 newspapers for getting updates on current affairs of country. He has to read each of the documents tabled in parliament and then prepare briefs about them. Further he draft’s starred, unstarred and supplementary questions for his allotted Hon’ble member which could be asked to the government. Preparation of Private Member bill and researching on topics on which the Hon’ble member has to speak in parliament is also the part of the job.

    The work is slightly different when parliament is not in session. Here the work is mostly related to research for the policy issues which your member is interested in, attending various conferences, seminar, committee meetings etc.

     

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

    Yes I am planning to pursue my higher education from a foreign university after the completion of this fellowship, most likely in the public policy.

     

    Is there any message you would like to share with our readers?

    My only message to all would that do whatever you like with utmost sincerity. There is not just one path that is right as prescribed and you don’t have to follow what others are doing. In fact, most of the times, the path that is less travelled often leads to the most fulfilling and fruitful journey.

     

    Finally tell us in which specific role you would like to see yourself the role of a lawyer, policymaker or a reformist of the society we live in.

    Well why not in all three. I would love to keep my roots as a lawyer first and then I wish to contribute my experience in policy making. I believe if I can discharge my previous mentioned roles honestly then surely the third role of reformist will get fulfilled itself.

     

  • Manojna Yeluri, Founder, Artistik License, on IPR awareness and LL.M in Media and IPR from UCLA

    Manojna Yeluri, Founder, Artistik License, on IPR awareness and LL.M in Media and IPR from UCLA

    Manojna Yeluri is a graduate of the 2010 batch of National Academy of Legal Studies and Research University (NALSAR). She started working at the Bangalore office of Amarchand & Mangaldas & Suresh A Shroff& Co. (AMSS), right after graduating. She soon left her job to pursue her Masters in Entertainment, Media and Intellectual Property Law at the University of California, Los Angeles (UCLA), in the year 2011.

    Since returning, she has founded Artistik License, an organisation specialising in the rights of artists, entrepreneurs and other creative professionals. She is also a Business Development Consultant at Vahura, a legal recruitment firm, and this year, she held the post of Content Curator and Co-ordinator at Construkt Festival 2015.

    In this interview, Manojna opens up about:

    • What made her choose to pursue Entertainment and Media Law, despite having a job at the largest law firm, AMSS;
    • The application process to UCLA, as well as the importance of a Statement of Purpose (SoP);
    • Her work experience at Artistik License, Vahura and ConstruktFestival 2015.

     

    Whatmade you choose Law as your profession? Is there anyone else in your family who works in the legal field?

    To be fair, pursuing a career in law was not my first choice. Growing up, I was led to believe that I could pursue a career in any field so long as I worked hard at it and made a good living from it. By the time I decided to give law school a shot, I had already thought of becoming a biologist (a thought I abandoned after my 10th standard experience with Chemistry and Physics) and later, I sincerely wanted to pursue a career in Sociology and Psychology. Things didn’t quite work out the way I planned, which just goes to show you that you can’t always foresee and plan for everything. Following my 12th standard Board Exams, I ended up moving to Bangalore because of my father’s job, and during a very very brief stint at Mount Carmel College, decided that perhaps law school would provide me the kind of opportunities I wanted, particularly in the realm of Humanities. My father and grandfather (my dad’s father) are both law graduates who did not practice, but ended up using their legal knowledge in their careers as Government officials. My other grandfather (my mum’s dad) is a retired Police officer, who has always had a strong love for criminal law. I do have family in the legal profession – specifically my cousins and my father’s uncle (an astute man and a retired Judge),who have all made, and are continuing to make an impact in the legal world through their own efforts and contributions.

    For all practical purposes though, I really am a first generation lawyer in my tiny nuclear family.

     

    What was life likeas a law student at NALSAR? How did your five years in the university influence your personal growth?

    My years at NALSAR are definitely some of the most eventful and insightful, and I pretty much carry memories and lessons from my time at law school, into everything I do. When I was studying at NALSAR, things were a bit different  – we were a lot more interested in actually meeting one another and since we were so far away from thecity (nearly 35 kms away) and living on a student budget, I think many of us found ourselves more deeply involved in campus life than we expected to be. For me, it was a wonderful and scary time, since it was the first time I was staying in a hostel, but any hesitations I had were eradicated thanks to the friendships Imade – some of which have evolved into strong relationships that I turn to in times of joy and crisis.

    One of the most important lessons I learnt in NALSAR is that life is what you make of it. As individuals, many of us have access to several opportunities, however,there are only a few who choose to truly make the most of them. Looking back, there are a few things Iwish I had done, and there were many batchmates, seniors and juniors who displayed enthusiasm, initiative and creativity that I never thought was possible – so I have to say that law school can be quite an inspiring place so long as you know where and who to look to.

    As an institution, NALSAR offers its students a wide array of opportunities, but then again, as I mentioned earlier, it’s upto you to make the most of it. Besides my time on campus, I also ended up learning a great deal about myself thanks to a Student Exchange Programme I took part in just as I entered my third year of law school. I had a blast at Griffith University, Brisbane and it was really a professor there and his courses that sowed the seeds for my fascination with entertainment law.

     

    Did you take part in moot court competitions? How important do you think are such competitions for getting acceptance for Masters in the USA?

    I was not a mooter. I’ve admired mooting, but only from a distance. In my experience, mooting requires a skill set and an emotional endurance that I’m not sure I had, or was really interested in developing. When I was in law school, I remember hearing that conferences and publications were far more important than Moot court competitions when it came to applying for a Masters, however as we all know, that’s not always true. Moot court competitions help develop certain qualities that are very important to a career in law, however, as is the case with everything, I’m not entirely sure that there’s a fixed formula that states that Moot courts or conferences might considerably increase one’s chances of admission into a Masters program anywhere – I think what matters is ensuring that one’s Statement of Purpose is tight, sincere and clear.

     

    At a time when most people primarily focus either on Litigation or on Corporate Law, what turned you to Entertainment, Media and Intellectual Property Law?

    It’s funny that I embraced my fascination for Entertainment law and IPR only after I left law school, since I might have been able to do more while I was at NALSAR. I did bite the bullet and make the initial foray into the world of corporate law for a very brief period of time. Isat for recruitment and was picked up by AMSS (Bangalore) and believe me when I say that at the time, Iwas overjoyed and excited because I thought “Hey! My life is set now”. Shortly after joining AMSS, I found myself increasingly reading up on Entertainment law and IPR and when finally my curiosity couldn’t take it anymore, I chose to leave to pursue a Masters in either Entertainment or Media law. It wasn’t a very easy decision though – working in corporate law brings with it, its set of privileges, like a solid income and respect, and foregoing that, especially when you’re a fresher in the job market, seems a tad bit risky. However, I did receive a great deal of support from my folks, particularly my mom, who really helped me during such a difficult transition.

     

    Were your internships mostly related to Media/IPR law? Which was the most enriching internship experience for you?

    Most of my internships were not consciously oriented towards Media/IPR law because all through law school, I had convinced myself that I was probably going to become a corporate lawyer. I had interned in almost every holiday break and because I always wanted to keep my options open and balanced, I ensured I did one corporate internship followed by one NGO internship. My most memorable corporate law internships were at JSA, Bombay and Luthra&Luthra, Bombay because of the kind of experiences and learning that happened. With respect to non-corporate internships, my internship at Majlis, Bombay (run by Flavia Agnes) and Loksatta, Hyderabad were instrumental in teaching me a lot about the interaction between law and content-creation. My serious Entertainment/IPR law internship only happened years later during my time at the University of California, Los Angeles (UCLA), at an independent film studio (NuMedia), run by a lawyer. Nestled in the middle of Hollywood, it was a pretty cool way to learn about entertainment lawyers and the industry.

     

    How did you choose to pursue your masters at University of California, Los Angeles?

    The University of California, Los Angeles or UCLA is considered the best school in the world for the Entertainment, Media and IPR law programme. To be honest, that’s one of the major reasons I wanted to pursue a masters there. I had applied to two other schools that year – SOAS and LSE, and I was fortunate enough to have gotten accepted into both but my heart was set on UCLA because of how well structured its Entertainment law program and department was.

    I think that it’s always important to choose to pursue a Masters or any degree at an institution that has developed a great reputation and infrastructure to teach the subject that one wants to pursue a higher education/career in. A lot of people wondered why I had chosen UCLA, and the answer is actually very obvious – it’s the best place in the world to study Entertainment law. UCLA had an entertainment law department that had some wonderful faculty who brought years of experience from Hollywood and other international entertainment industries, into the classroom. Imagine being able to study about being a lawyer with a record label from someone who actually worked with Capitol Records and works with Warner Brothers – that’s exactly what UCLA offered me, and in my opinion, it’s that kind of specialized focus and infrastructure that actually helps students gain a more informed and insightful understanding of the area of study they are focussing on.

     

    How did you go about your application to UCLA? What are the prerequisites to applying to a university in the USA?

    I would love to say moots, conferences, publications, solid recommendation letters, extra-curriculars during law school, internships – the works, but I think at the end of the day what matters the most is clarity. One needs to be very clear about why one wants to pursue higher education at a university in the USA and that clarity needs to translate itself into a well structured, well written and sincere Statement of Purpose. I’ve always been a bit of a nerd and so pursuing a Masters was always something I wanted to do, and perhaps accordingly, I ensured that I had a fair balance (not a lot – emphasis on the word fair) of conferences and internships, however even the greatest recommendation letter in the world cannot substitute for a good Statement of Purpose. I definitely took time out to focus and re-write my SoP which I think also had a huge role to play in securing some financial assistance for my education. It’s also good to understand why you want to study further – a few people I know have referred to their LLM year as a holiday year- I have no idea what they are talking about. Studying abroad is a memorable but potentially difficult experience where you have to get used to studying a whole new jurisdiction while ensuring that you cook edible meals and live on a shoe-string budget.  However, coming back to the prerequisites of applying to a US university, it’s always good to focus on a good SoP, good and relevant recommendation letters and research.

     

    After having completed your masters in the USA, what made you come back to India, especially since Entertainment, Media and IPR Law is a more established arena there?

    I’ve always been an art-lover at heart and I’ve been fortunate enough to know and meet some wonderful artists living and working in India. While I love to travel and experience new cultures, a part of me always has to come back to India so in a way, I’m a bit of a boomerang. A career in Entertainment law in the US, particularly LA would have definitely been a lot more sensible and exciting in some ways, however there were many practical and cultural factors that influenced my decision to head back. For starters, opportunities in theUS legal market were scarce and I felt that the efforts to pursue a career there far outweighed the benefits. India also offered so many opportunities with its own big entertainment industry, my relationships with artists and creatives back home and most of all, thechallenge of doing something a little different in your own backyard.

     

    How has your Masters from UCLA affected your career in the long run? Do you think a person without a similar Masters degree from a foreign university would face significantly lower chances of success in the Indian market?

    Contrary to popular belief, there are quite a few Entertainment and Media lawyers in India and we are not an endangered species at all. There’s an age old debate about whether higher education outweighs experience or vice versa, and the truth is the best chance one has is by achieving a balance of the two. My LLM at UCLA has had a profound impact on the work I do because of many things I learnt and experienced during my time in LA. Whether it’s having achieved a deeper appreciation for artist rights, a more wholesome understanding of copyright law and licensing, or just a greater awareness of all thedifferent kinds of law that Entertainment law encompasses (IPR, Labour law, Contracts, OSH, Tax), my masters from UCLA has definitely shaped the way I perceive issues facing my clients and theindustry I work with. Having said that, I can’t say for sure if a foreign degree would necessarily increase the chances of success in the Indian market, but it might provide one with much needed perspective.

     

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    After returning to India, you founded Artistik License. Please tell us more about it. How was the experience of building up your own start-up?

    I’m still building it up, and I think it’s going to be a lifelong project of mine. After returning to India, I chose to work with CLPR – a research think tank based out of Bangalore, in order to gain more experience as a research associate. However, there came a point where I felt I ought to be doing more work in Entertainment law, and while Ilooked out for opportunities in Entertainment law firms and companies, nothing came close to what I really wanted to do – work with content creators, artists and creative entrepreneurs directly. So, after a lot of searching I decided that it was time to take a leap of faith, and start working independently. Artistik License started off as a blog or a repository of legalese for artists working in India – something which it still serves as today, but after some hard work and lessons, has evolved into a consultancy where I advise artists and creative startups on their rights, as well as provide them with specialized legal services. What really makes Artistik License different, is its focus on independent artists and startups. As an organization, it focuses on two tracks – enabling the independent artist and entrepreneur’s business by way of specialized legal advice as well as by empowering artists, and creative entrepreneurs through rights awareness workshops, discussions and research work.

    Although I was really frightened at first, I think entrepreneurship was something that I was designed for. I had a great support system, comprising of my folks and my friends, who shared my fears and joys, and were a great sounding board for all my ideas. Building your own startup from scratch can be scary but rewarding,so long as you don’t bite off more than you can chew. Considering Artistik License’s niche focus, there was, and might always be, a certain amount of risk involved in what I do, however I can’t think of anything else I would rather be doing. The past two years have seen Artistik License’s clientele grow, and I’ve been invited to present my work at various domestic and international music markets, conferences and events.

     

    Are artists generally aware of their rights? How can such awareness be increased?

    Some are, and some aren’t; even then, the awareness can be incomplete. There are many factors that contribute to this situation of imperfect knowledge, including access to information and the communication of important information. It’s critical to ensure that artists are made aware of the need to understand why rights awareness is important, but then it’s just as important as law people, to enable that awareness in a manner that is chilled out, and not steeped in legal jargon. There are many ways in which awareness can be increased, and I work closely with many non-law organizations who want more artist rights empowerment. Workshops, discussion groups and online articles are a great way to get this valuable information across. Besides the Artistik License blog, I also write frequently for Campus Diaries (for the younger artists and entrepreneurs) and Indiearth (a platform dedicated indie artists in the Indian ocean region), on topics that might be of potential interest to artists and entrepreneurs alike.

     

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    Artistik License also organises workshops for disseminating knowledge on the subject. Would you consider engaging young law students in these workshops to help them learn along with the artists?

    Of course! I can see creativity and entrepreneurship being an integral part of the law school experience, and it’s always a pleasure to engage and talk to law students from anywhere. I’ve been fortunate enough to have a wonderful time with some very intelligent, very quirky young law students from Christ College, Bangalore and NALSAR, who have been wonderful and so helpful by interning with Artistik License.

     

    In between all this you have also been working at Vahura. When and how did you join Vahura? Please tell us about your work profile there.

    My relationship with Vahura is both a new and old one. A few years ago, I worked with Rainmaker as a features editor, and a few months ago, I had the opportunity to start working with Vahura and its amazing team. At Vahura, I work with the Business Development and Clients Solution vertical, where I especially focus on business in the South Indian region. I enjoy the unique position of being able to interact with some of the smartest legal professionals and some of the best businesses and law firms in thecountry. A great deal of what I do involves networking and making connections – something I can’t get enough of. As an organization set out to help lawyers do good work, Vahura offers many services besides legal, tax, compliance and governance searches. It also provides strong counsel and research through its mentorship and consulting verticals. While we all help each other out at Vahura, another area that I work closely with is Vahura’s Engage vertical, which provides the legal community opportunities to interact with each other through various professional and community events.

     

    What insights you would like to share with our readers from your experience in legal recruitments at Vahura?

    My insights into legal recruitment are quite limited at this time, because a great deal of what I do concerns the overall legal market and business. There are others at Vahurawho have a more nuanced understanding of legal search business, and I would be more than happy to put any of your readers in touch with them. I can say this much – these are some exciting times for the law graduate, since I think we’re smack in the middle of an era where there really is something for everyone. So whether you want to be a corporate lawyer, a litigator, a legal academic or a legal entrepreneur, the industry is currently offering a lot of opportunities to pursue any career you wish, and if it’s some counsel and direction you’re looking for, we at Vahura are happy to help. This is probably my biggest learning from Vahura so far –an understanding that we’re far more focussed on helping legal professionals discover their full potential rather than simply place them in suitable positions.

     

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    You held the post of Content Curator and Co-ordinator at Construkt Festival 2015. How may startup festivals such as this prove to be important for a law student?

    I was thrilled for the opportunity to work with Construkt 2015 and must express my gratitude to the festival’s founder, ShashiKiran, who is nothing short of an entrepreneurial powerhouse. Working with him and the Construkt team so closely taught me a great deal about entrepreneurship and the ways in which the right kind of platforms and infrastructure can truly help nurture a great innovation eco-system. I definitely think that more law students need to be open about attending such festivals where entrepreneurship is not only encouraged, but celebrated. For instance, Construkt 2014 and 2015 both celebrated legal entrepreneurship and innovation, by hosting talks by lawyers working in the field of law and technology, entertainment law and startup law. As the content curator for this year’s edition, I had a great time sifting through some amazing content by speakers, but it would be super if we could get more inputs and entries from the legal community as well.

     

    How do you manage time between your two roles? Are you able to find a work-life balance?

    A few days ago I heardsomeone say that we’ve almost taken it for granted that we’re supposed to struggle, hate our bosses and hate work. The truth is, that if we’re doing something we like,then we don’t even think about things like over-time, and being over-worked. At this point in my life, I am extremely grateful for the opportunity to be more than one person, and to do more than one thing. I’m surrounded by a number of inspiring people from the legal and creative communities (not that the two need to be exclusive), and I find a great deal of joy in what I do. Sure, it’s overwhelming at times and there are days when I just want to throw things at people, but I think the key is to achieve balance in whatever one does, and to remember that we are the best judges of our own situations. I also find that taking care of one’s body and mind goes a long way in ensuring that one can get more out of life. I’m not the fittest fiddle in the world, but over the past year, I’ve noticed that I consciously try to eat healthy, lead an active life and pursue my other interests including creative writing, glass painting, accompanying my musician friends to their shows, and understanding how to lead a more cruelty-free life. I’m a bit of a hippie at heart.

     

    What is the one advice you would like to give our readers?

    There is no formula to success. Years of conditioning in law school teaches us to assume that we need to fit into one mould or the other, but the truth is there really are no restrictions to the kind of opportunities one can tap into these days. It’s important to be brave and to seek good counsel, and to remember that it’s okay if you don’t fit into the traditional structures and expectations created by your family or the legal fraternity. It’s important to be honest in the work that one does, and to push aside the drama, no matter how tempting it is to overanalyse it. You can be a SuperLawyer just by being yourself, and working hard.

  • Sudhir Reddy, Founder, Reddy & Reddy Advocates & Legal Consultants, on LL.M from Cardiff and Mediation course from Oxford

    Sudhir Reddy, Founder, Reddy & Reddy Advocates & Legal Consultants, on LL.M from Cardiff and Mediation course from Oxford

    Sudhir Reddy graduated in LL.B from DES Law College, Pune University in 2009, after which he pursued his Masters from Cardiff University, United Kingdom. After completing his degree in Masters he worked in a law firm called Thodur Law Associates as an Associate Advocate. He also pursued a course of Civil/Commercial Mediation from Oxford and became an Accredited Mediator in 2014. At present, he operates his own law firm which has a practice of both litigation and corporate work.

    In this interview we talk about –

    • Choosing International Commercial Law as his specialization for LL.M
    • Pursuing a course of Civil/Commercial Mediation from Oxford
    • Becoming an Accredited Mediator by 2014
    • Starting his own law firm “Reddy & Reddy Advocates and Legal Consultants”

     

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

    To start with I am a practising advocate mainly practising in the Pune courts and the Mumbai high court. I completed my LLB from Pune University and my LLM from Cardiff University, United Kingdom. I am also a certified civil and commercial mediator .I run my own law firm in Pune which deals with litigation as well as corporate work. However before starting the law firm I did work under senior attorneys at different High Courts so that I could earn some practical experience and confidence to start my own firm. My experience in Law is not just confined to the Domestic laws but I have also gained experience in mediation and negotiations in United Kingdom after completion of International civil and commercial Mediation course from Oxford.

     

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

    To tell you guys the truth, my foremost aim was to become a lawyer but being from a business class family I had to learn certain aspects of commerce mainly accounts so that I would be able to put in my efforts in the working of my father’s established business. Also having knowledge in commerce helped me cater to my corporate clients in taking managerial decisions.

     

    As a law graduate of Pune University, have you faced any comparison with NLUs? What would you say to the future graduates of Pune University regarding this?

    I personally feel that these are all pre conceived notions that only the NLUS can provide the needed exposure to its students. Ultimately the laws are the same it’s up to the student how he/she decides on to shape up his/her life. I personally took the needed effort to attend various seminars and small conferences pertaining to law, held during my period at the law school. It’s the knowledge you imbibe that matters which should be practical as well as theoretical knowledge.

     

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

    As a law student I never wanted to confine myself to any particular area of law. My main aim was to absorb and learn everything which was taught to me during my classes and my internships .But I had always enjoyed negotiating and mediating any disputes and I realised I was good at it because I was always successful in solving a dispute. This made me realise that I had an inclination towards solving disputes in a peaceful and non-stressful manner. I did have keen interest in alternate dispute resolution systems and outside court settlement procedures and so I become a mediator.

     

    What are your thoughts on activities like mooting, debating and publications in journals? What skills do law students acquire by engaging themselves in such activities?

    I have always been of an opinion that in an all-round development of a student activities like mooting, debating play a crucial role. This is where the student develops its confidence and learns legal interpretation .Also these activities will help students in inculcating good research skills. The students also realise what exact field they should be taking up after college after doing these activities.

     

    Right after graduating, you went for LLM. Why did you decide to go for higher studies?

    Going for LLM right after graduation was my game plan since the time I joined my LLB course .My main intention for pursing LLM was to well equip myself with the international legal scenario.UK being a common law country I was sure that this experience will benefit me in expanding the horizons of my legal knowledge internationally .

     

    How did you choose Cardiff University over others? How did you go about choosing a university?

    The main reason to choose Cardiff University was that it is one of the royal charter universities and also one of the well ranked universities in UK. Along with that it had a beautiful campus and an apt course that attracted me to choose this university over others.

     

    Why did you choose International Commercial Law as your specialization for LL.M? What motivated you to pursue your LL.M in International Commercial Law?

    My course comprised of variety of subjects like international banking, competition laws, international corporate governance and World Trade organisation, which were entirely different than the regular curriculum taught to law pursuants in India. Also there was a wide range optional modules we could opt for hence I chose to peruse International Commercial Law.

     

    What advice would you give to people who are trying to decide which area of law to specialise in?

    Do your internships in all the fields. Participate in moots, debate, paper presentations and client counselling competitions. All this will help you understand your weak points and make you sure on what areas of law you like and what kind of practise you are good at.

     

    After completing your Masters, you worked at Thodur Law Associates for an year as an Associate Advocate. How did you secure your appointment? Did you apply or got an offer from the law firm?

    After my LLM I wanted to gain practical experience for getting myself acquainted with the procedural part of a legal proceedings, Thodur Law Associates is a law firm based in Mumbai practising at High Court hence there were larger chances of me getting a vast experience.

    I had gone to Mumbai after I was back from United Kingdom to search for prospective law firms where I could actually gain practical experience. Coincidentally I met the senior partner of the firm, I narrated to him my reason for applying in the said firm, he was very impressed seeing my urge to learn and I was told to join right from the next day at their firm.

     

    How did you overcome your initial jitters in a courtroom full of experienced lawyers and judges? Tell us about the highs and lows.

    I am a supercharged guy since childhood, talking to unknown people, making new friends or being at a new place with new surrounding was never a challenge to me. But I still remember the first time I appeared in front of a judge was at the Bombay High Court. As soon as I stood up to mention the said matter I went blank and stood right in the same position for good one minute without a single word spoken. The judge sort of understood that I have frozen so he sort of covered up for me and told me to come next day.

    And since then till now I have changed tremendously .Now I wait eagerly to appear at the court and to prove my point.

     

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    Thereafter, you have started your own law firm Reddy & Reddy Advocates and Legal Consultants and currently you are the Managing Partner of the firm. What prompted you to make this choice and start your own law firm?

    It’s my father’s confidence in me which gave me the courage to start my own law firm. He has been the backbone of the firm since the day of the inception of Reddy & Reddy, Advocates and Legal Consultants. He has supported me when I needed encouragement and confidence the most. To be frank there were many to discourage but few to encourage. But somehow the voice inside told me to go ahead and prove it that I can do it.

     

    Please tell us a bit about “Reddy & Reddy Advocates and Legal Consultants”. What is a day at work like? Is it easy to have a work-life balance?

    My day at work starts with my morning prayer and then a quick workout. I am in the office quite early because I need to take quick updates about the distribution of the work to the associates for the day. I then go ahead and start with all my client meeting and if I have an argument for the day I take a quick look at the case and have fun leading the argument at the court. There are times when I spend the whole day in the negotiation for my corporate clients but having a remarkable team keeps me relived that my office functioning at its peak. I end my day at office by taking updates from all my associates along with a nice cup of coffee.

     

    Tell us about the practice areas of Reddy and Reddy Advocates and Legal Consultants.

    Reddy and Reddy Advocates and Legal is  Based in Pune, it offers a full range of legal services on all aspects of the Indian law to a diversified client base, including well-known multi-national corporations functioning in India. In addition to serving our clients directly, our lawyers serve as experts of Indian law in both transactional and litigation matters. In particular, the firm has a strong practice group that specializes in mediation and negotiation, credit management, real estate, property & land laws. We are dedicated to our clients’ needs and we strive to achieve total satisfaction for our clients by legal excellence.

     

    Our clients include major Banks, Non-Banking Finance Companies, Real Estate, Multinationals, Industrial Houses, and Software Companies.

    The firm’s lawyers have an average experience of over 5 years in handling complex legal issues touching on almost all aspects of Indian law. We combine a personal approach with high professional standards and aim at providing comprehensive legal services to our individual, corporate, financial and commercial clients.

     

    In the meantime, you have pursued a course of Civil/Commercial Mediation from Oxford and became an Accredited Mediator in 2014. What prompted you to pursue this course and became a certified Mediator?

    Mediation is the next revolution in the legal field. Since our country is evolving in a very fast pace the people of our country want every issue to be resolved as fast as possible. Being a lawyer I have practically seen how burdened the court is with numerous cases. Before going for the course few of my clients had asked me if I knew any commercial mediator and that is when I decided why not me. I looked for few courses and I found the one in Oxford is what suits my requirements perfectly.

    Meditation is already a very upcoming requirement for the multinational companies because they have clients all over the world and solving disputes outside the court is more convenient for them. Mediation is immensely into existence in the European and the western legal system. So it’s always better to do a course on mediation and negotiations it will surely help them in the future.

     

    You have a couple of orders to your credit. Do they change one’s recognition?

    (Sudhir has orders to his credit in criminal litigation, consumer disputes, land disputes, family disputes and outside court settlements in labour and industrial disputes)

    It just makes me want to work even harder because I want to keep my clients always satisfied. My only aim is that when the client agrees to take services from us he/she attains the best of the services which my firm can provide.

    Regarding once recognition, yes it does change the recognition as it shows experience a person has and the dedications the person has put in to get the desired results.

     

    What were the difficulties you faced in the early days of your practice? How difficult would you say it is to build a reputable practice?

    Early days were relaxed and peaceful. I did have work from the day I started my own office but the stress of uncertainty was always there. Although it will be wrong to say that the uncertainty is not present anymore because our firm is still in its growing stage.

    I also want to say that it is quite difficult to build a reputation and then harder to maintain it, one really needs to have lot of patience in order to raise your own organisation from one level to another.  You need to have a good team with you to run the show and thankfully at this point of time I have an awesome team who helps me, guides me and back me up everywhere.

     

    Do you take interns? What do you look for in a prospective applicant?

    Yes, we do take interns. When we get an application for internship we usually don’t see the scores and credentials of the student because we understand different universities have different ways of marking. We usually see the cover letter and the practical experience the applicant has provided in the application and most importantly the urge of the applicant to work and learn.

     

    What would be your message to law students who dream of having their own law firm one day?

    Never give up. Enjoy your failure because this is the way you are learning and this is how you grow as a person. According to me there are 4 stages involved if u want to start your own firm. At the first stage you have no work no money ,second stage only work no money at the third stage good work good money and finally the fourth stage less work only money.

    Not necessarily it has to go the same way but that’s what it is like in the holistic picture. Be confident and kick off.

     

  • Chinmay Bhosale, Advocate, Bombay High Court, on working with reputed Senior Advocates, Criminal Law practice and choosing litigation

    Chinmay Bhosale, Advocate, Bombay High Court, on working with reputed Senior Advocates, Criminal Law practice and choosing litigation

    Chinmay Bhosale is a graduate from ILS, Pune 2010 batch. He has been a consistent topper of his batch at University of Pune, he had also been selected in the final list of Rhodes Scholarship 2010.

    It has been five years since he joined the Bar and he has worked on high profile cases with intense legal issues like the 2G case, Hawala Scam Case, Maval Police Firing Enquiry Commission, Adarsh Commission, etc. Currently, he is pursuing his Ph.D and the topic for his thesis is ‘Malicious Prosecution’.

    Chinmay talks about :

    • His experience interning under Ashok Mundargi, Senior Counsel and Adv. Shreekant Kanetkar, Ex-Chairman, Bar Council of Maharashtra and Goa.
    • Choosing to litigate as against pursuing post graduate studies.
    • Criminal law practice in India.
    • Working on high profile cases.

     

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

    Chinmay Bhosale, to be brief J. A confident lawyer with an eidetic memory, who eventually wants to contribute to the legal profession, education and jurisprudence in my own maverick way.

     

    Legal studies are still only a backup option for quite a lot of students. What motivated you to choose law as a career?

    Choosing law as a career came very naturally to me. I come from a family which has acclaimed legal luminaries who have achieved success in varied fields and capacities; be that of a Senior Advocate, Chief Justice, Vice Chancellor or even a Law Minister. So, I have always felt very humbled by my surname and have had a natural awe towards law.

     

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

    I had fleeting interest in International Law at once, which led me to pursue and win a National Moot Court relating to the subject. However, my major and “only true love” has been criminal law. Apart from having immense interest in subjects like IPC, Cr.P.C. and Evidence Act, as a student I even tried to cover peripheral sub-areas like human rights, medical jurisprudence and forensic science by way of diploma courses. Also, three out of five years of my law school life I interned with Senior Advocate Ashok Mundargi, one of the giants of the criminal bar at Bombay. The internship gave me great insights into the ‘practicality’ of criminal law and the profession.

     

    Tell us about your law school journey from the 1st year till your final year at ILS Law College, Pune.

    My 5 year journey at ILS Law College, Pune was quite eventful. I had my share of highs and lows. I entered as an low-on-confidence novice, and emerged as a confident and ‘borderline arrogant’(as some would say J ) advocate. In this transition I tried to do a bit of everything from topping the University thrice in my five years, winning a national moot court, being the Student Representative of my batch for three years, being a part of the Student Council of ILS Law College, Pune, completing four diplomas, interning with Senior Advocates and even being amongst the final 15 students for Rhodes Scholarship, India. However, the most humbling and learning experiences were my failures, which were quite a few J

     

    Tell us, what kind of work did you do in your internships with Senior Counsels?

    (During his law school Chinmay has interned under Adv. Ashok Mundargi, Senior Counsel and Adv. Shreekant Kanetkar, Ex-Chairman, Bar Council of Maharashtra and Goa.)

    I was almost like a permanent intern with Senior Adv. Ashok Mundargi, as every vacation I used to be working in his chamber. Most of my time at his chamber was spent observing his arguments and interactions at client conferences; and partly trying to contribute to his arguments. My experience with Adv. Shreekant Kanetkar was quite enlightening, more because I understood that I had little or no liking towards civil laws. However, at his chamber I learnt the art of productive and crisp research, as most of my time was spent trying to learn the concepts of civil law.

     

    What is your advice to budding mooters?

    (Chinmay has participated in various National and Intra-College Moot Court Competitions and he was a part of the winning team of the Technology Law Moot Court Competition, IIT Kharagpur (Rajiv Gandhi School of Intellectual Property Rights), 2008.)

    Well, I never was a great mooter, so it wouldn’t be appropriate for me to give any advice on that. However, I would definitely like to say to all the budding mooters out there that please do not consider moots as the whole and sole of your life at law school. Moot courts are bereft of reality, and there is a lot more to your life at law school than mooting.

     

    How important do you think are co-curricular activities in shaping the legal career of a law student?

    I think co-curricular activities play a major role in shaping the legal career of any student, especially of those who wish to be a part of the action in the Courts. Quite often, it’s the persona of the Lawyer which stands out than his knowledge of law. Co-curricular activities play a major part in honing that persona. For me, I was an avid trekker, a national level sportsman and had varied interests like playing tabla, learning graphology etc. All these activities have definitely helped me in succeeding at the bar.

     

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    How was your first year after graduation?

    It was quite an internal struggle. As a law student I had an inkling towards pursing my post graduate studies from U.K. and I had admission letters from majority of the elite universities like London School of Economics, University College of London etc. However, I chose to enter the Bar straight away, as that is what I always wanted to do. So I started out in Mumbai, a city which has taught me a lot. I continued as a junior advocate at the chamber of Adv. Ashok Mundargi, where I had already interned for three years. Thereafter, I joined the chamber of Adv. Satish L. Maneshinde.

     

    What comprised your work at the chambers of Adv. Ashok Mundargi and Adv. Satish L. Maneshinde?

    Working as a junior advocate at the chamber of Adv. Ashok Mundargi came as a natural continuation, as I had worked previously with him. However, at some point I felt the need to learn the nuances of criminal trials. Adv. Satish L. Maneshinde is the biggest personality in Bombay when it comes to criminal trials. I always had a desire to work with him. It was at his chamber that I learnt that a legendary advocate is also a legendary persona. My experience with both of them was quite antithetical, however equally enriching.

     

    Please give us some highlights of the high profile cases you worked on for the benefit of our readers.

    (Chinmay has worked on high profile cases with intense legal issues like 2G case, Hawala Scam Case, Maval Police Firing Enquiry Commission, Adarsh Commission, etc.)

    I have been very fortunate to have had the pleasure of working with three Senior Advocates viz. Adv. Ashok Mundargi, Adv. Satish L. Maneshinde and my father Adv.Dr. Sureshchandra Bhosale. I got to work on endless high profile and intense cases. In cases like 2G scam and Adarsh Commission I played an assisting role, gaining a world of knowledge. On the other hand, in cases like Maval Police Firing Commission I had a very active role in recording of evidence of numerous witnesses and arguing the matter, where I defended the Maharashtra Police successfully. Apart from the love of law, one also needs to have a healthy affection towards tireless reading in order to succeed in such intense cases.

     

    You have started your criminal litigation practice. What influenced your decision to start criminal practice after graduation? Why not civil litigation or corporate law practice?

    As I have stated earlier, I have always had a great liking towards criminal law. It is, as they say, in my blood. My father is one of the topmost and famed criminal lawyers of Maharashtra, and that worked as a catalyst for my decision. Also, having interned with a Senior on the civil side had given me a clear idea that I did not have any inkling towards civil or corporate law.

     

    Please tell us about your experience with regard to your first few years in Court. Has it become more difficult for a fresher to achieve success?

    Your first few years at the bar are majorly spent observing the proceedings, and it wasn’t very different for me either. Almost all the freshers undermine the necessity of this period, and pretend to be observing. However, this is the period which will define the trajectory of the life at the bar. As rewarding and fulfilling your life can be at the bar once you are successful and a known figure, it can be equally tiring and frustrating in the earlier stage. I would advice all the freshers to patiently outlive this difficult phase, without compromising the “observing”.

     

    Your main area of practice consists of criminal litigation. Please elaborate on the cases you normally deal with.

    My 75% work consists of criminal litigation, rest 25% is criminal consultation what they call “white collar crimes”. Thanks to the repute of my chamber, I have the good fortune of dealing with intense criminal cases day in day out in the Courts. They range from cases of murder, attempt to murder, marital cruelty, cheating and forgery, cases under the TADA, MCOCA, Anti- Corruption etc. Apart from that, there is a heavy inflow of corporate or white collar crime cases which are majorly economic in nature.

     

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    You are also pursuing Ph.D. Your Ph.D. thesis is on ‘’Malicious Prosecution’’. Why did you choose this particular topic in particular?

    Even though there is a plethora of cases that I myself defend every day, the truth is that accusations in 90% of the cases are baseless. In my 5 years at the Bar I had to face a conviction only once as a defence counsel; and that led me to choose my Ph.D. thesis topic. In India criminal prosecutions are handled very irresponsibly, as making allegations is free in our country. At the end of the trial, the accused is only handed over a judgment of acquittal. However, the loss of reputation, business, peace of mind, time, etc. are never accounted for. It is my endeavour to make extensive study of the concept of “Malicious Prosecution” and put forth suggestions for effectively preventing the same in India.

     

    Indian criminal law is, to a large extent, influenced by its British counterpart. Do you think if Indians would have framed our Penal Code, it would have been better?

    It is not largely influenced, it is entirely prepared and influenced by the British. However, it would be very harsh to say that Indians would have done a better job. I feel the law commissions of 1833 and 1853 have done an exceptional job, which eventually materialised into the Indian Penal Code. Since 1860, it has required far lesser amendments than what our very own Constitution of India has needed since 1950.

     

    If you were asked to suggest some changes to the present Indian Criminal law, what would they be?

    It would definitely be adding a chapter relating to ‘Malicious Prosecution’ in order to curb the vexatious litigations. Also, to have an effective change in the lives of common people, the fine component of all the crimes should be substantially hiked in order to have a deterrent effect as was intended.

     

    Tell us about a case that you are particularly proud of. What steps do you take to prepare for a difficult case?

    I am proud of all the cases that I have handled, as I would like to believe that I put in equal amount of hardwork in each and every one of it. In order to succeed at the criminal bar, it is absolutely essential to know each and every nuance of the criminal law, majority of which is now defined by plethora of judgments. Minutest of the aspects can lead to an acquittal or conviction. Hence, I start my preparation the other way round. After reading the chargesheet, I first get well versed with the possible intricacies of criminal law involved and the settled case laws on every such point. Thereafter, accordingly I prepare for my cross examinations. If you successfully follow this approach, arguments remain as a mere formality.

     

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

    It has been a fulfilling journey so far. Eventually, how is your experience at the bar, is totally dependent on your mindset. Even our planet has to go through various seasons, it’s not too different for the lawyers J .

     

    Beside your professional achievement, you are also active in many other activities. Please tell us about them.

    (Chinmay has been a national level player of Netball and state level player of Basketball. Chinmay is also trained in Graphology (Hand writing analysis) by world renowned graphology expert Mr. Milind Rajore and a certified student of his institute.)

    I always had a penchant for sports, and was very good at it too. This led me to participate at a competitive level both at State and National Level. As far as Graphology is concerned, I am a very curious person. So it was simply out of the curiosity to know more about hand writing analysis that I started learning it from a renowned graphologist. It did help me in quite a few cases involving forgery too.

     

    You are also engaged in social service activities. Could you enlighten us, in brief, about your role.

    I was briefly involved with MAD(Make a Difference) Organisation wherein I taught English to under privileged and slum children. Also, I am associated with an organisation named CFC (Contribute for Change) where we economically aid people for varied things like medical treatments, education, sanitation, tree plantations etc. I strictly believe that I should be living my life in a way that I can reach a vantage point, from where I could bring about some change in lives of as many people as possible.

     

    What do you look for in the profiles of the people you collaborate with?

    Confidence is utmost important for me, as the members of my team have to interact in the Court on a daily level. Moreover, the thirst for knowledge should be apparent alongwith the confidence. Either of the two, single handedly, are not of much use.

     

    What would be your parting message to law students who want to litigate just after graduation?

    Well, choose litigation only if you have tonnes of patience and an unshakeable will power. However, for one who possess both these qualities, life at the Bar will be very rewarding.

     

  • Anuroop Omkar & Kritika on authoring The Art of Negotiation and Mediation

    Anuroop Omkar & Kritika on authoring The Art of Negotiation and Mediation

    The authors Anuroop Omkar and Kritika are graduates of Gujarat National Law University (GNLU), Gandhinagar and are presently working in the Corporate Department of Lakshmikumaran & Sridharan. They have donned many hats. They jointly run a social service award Bauribandhu Mohapatra and GNLU Award for Social Service, co founded the company Bridge Mediation & Consulting Pvt. Ltd. and have been working tirelessly to spread the concept of mediation among the common masses and commercial groups in India. To give the subject more prominence and acceptance both among the masses and scholars, they decided to pen down a book on negotiation and mediation with LexisNexis. The book is extremely simple in terms of language and international in terms of quality and content. The concepts of negotiation and mediation have been explained with real life examples, childhood learning, mythological anecdotes and case studies of commercial negotiations. The book is titled ‘The Art of Negotiation and Mediation- A Wishbone, Funny Bone and a Backbone’ and is presently available on Flipkart, Amazon and LexisNexis.

     

    Tell us a bit about your law school experience of preparing projects and dissertations. Did the practice help you to in writing a legal book?

    If you make projects even a little seriously in law schools, they contribute to your knowledge base and enhance your research skills. According to us, making projects becomes interesting only if you choose an interesting topic, a real research area of law. Of course, it is not always possible, but at least in the subjects that you wish to specialize, you can always try to choose a critical area of research. Projects and dissertations help you evaluate what is your area of interest. We know many of our friends from law school who became interested in their practice area after they researched on the subject for a research paper at law school or during an internship.

    Making projects and dissertations was different from writing a book in many aspects. Projects and dissertations were purely law based where we presented the existing laws and gave our interpretation and suggestions. Our book is our attempt to bring law to the common masses. We have tried to present the practice of negotiation and mediation in a way that people who don’t practice law can also easily understand. Additionally, we have also tried to bring in the commercial aspects for businessmen and practitioners. We have also discussed business case studies where applicable.

    Lastly, I (Anuroop) always wanted to write on a subject where I was so comfortable that I would not have to footnote every sentence I write. While it was obligatory for us to footnote everything in our projects, our book is our own take on negotiation and mediation in India. We have made minimal use of footnotes by writing our original thoughts and interpretation. The book has helped me achieve my law school dream of minimalizing or even doing away with footnotes by promoting original thought and innovation.

     

    Can you please explain to us the sub title of your book ‘A Wishbone, Funny Bone and a Backbone’?

    We use techniques of negotiation and mediation regularly yet without consciously being aware of it in everyday life. Sometimes, the techniques don’t work to our advantage because we have the tool but we don’t know how to effectively use it. The book explains these techniques by relating them to stories, anecdotes or facts we already know but did not realize that they taught us something about mediation or negotiation. So, coming to the subtitle, if you wish to summarize the main attributes of a successful mediator or negotiator he should have a wishbone, a funny bone and a backbone.

    Our subtitle is best explained in our preface. Hence quoting:

    You need to have dream clouds floating in your head. You need a clear vision for what you want. You need drive and an innovative thought process. Or simply an idea that is so simple, it is out of this world. You need a wishbone.

    You need the will power to sustain the setbacks in life. You need to know how to turn a frown upside down. You need optimism to see every situation with a positive twist. You need hope. You need cheer. You need a funny bone.

    And finally to complete the vertebral column of dealing with disputes; you need a backbone. You need to know when your demands are reasonable. You need to know when not to allow someone to take you for a ride. You need to know when not to back out. You need to stand up for the fundamental principles of your life.

    You need a wishbone, a funny bone and a backbone to be the alchemist who comes out of disputes with more than what you had when you plunged into it.

     

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    Both of you being full time Corporate and Transactional lawyers, how exactly did you write a book on ‘The Art of Negotiation and Mediation’?

    Apart from our active legal practice, we also run Bridge Mediation and Consulting Pvt. Ltd. (BMCPL). BMCPL is one of the pioneers in organized international mediation and multi-cultural negotiation training and practice in India. BMCPL is in the process of providing comprehensive, world class training for students, corporate professionals, social workers, diplomats and bureaucrats in India. The training is presently provided in collaboration with Media Logos, Italy who bring in international mediators as trainers. We have held trainings for students and professionals with Tata Institute of Social Sciences (TISS), Mumbai, Gujarat National Law University (GNLU) and National Law University Jodhpur (NLU-J). So, along with our practice, we have been always interested in increasing awareness and promoting the practice of mediation in India.

    Negotiation also, is the main component of every one of our transactions. The terms of a negotiated agreement vary broadly based on practical needs of the client, feasibility and durability of the terms negotiated through the agreement and legal tenability depending on various jurisdictions and sector of business.  If an agreement is well negotiated, the dispute resolution will never have to be enforced by the contracting parties. A fine tuned agreement with clear negotiation based on the abovementioned criteria hardly ends up triggering the dispute resolution clause. Even if in the worst case scenario, if there is a dispute between the parties, a very strong and a reliable mechanism of third party mediation in confidentiality should be resorted to resolve the disputes without washing dirty linen in public.

     

    Explain to us a bit about the process of mediation.

    In mediation, a third neutral party manages the interaction between disputing parties. This ensures constructive negotiation between the disputing parties and helps them to agree on a resolution that is fair, durable, and workable. It is the disputants and not the mediator who creates and finally agrees on how the dispute needs to be resolved. In a way, mediation is nothing but the use of negotiation to resolve a dispute outside the traditional dispute resolution framework.

    In mediation, the parties retain control over the dispute and its outcome. This central feature of mediation- self-determination by the parties- is a facet of democratic process that the voice and wisdom of people can shape outcomes responsive to particular situations. In this respect, mediation is fundamentally different from litigation and arbitration, where power to determine the outcome is ceded to an arbitrator, judge or jury.

    Many myths surround mediation that mask its benefits and prevent its popularity in the marketplace. There is a common belief among business professionals that mediation lacks closure or binding authority. However this is not the case. A settlement agreement executed by the parties post mediation is as binding as all other contracts.

     

    There are so many other books by international authors on negotiation and mediation. How do you see your book contributing to the existing literature?

    As you have rightly pointed out, there is good international literature available on negotiation and mediation. We have referred to many of these good books like ‘Getting to Yes’ by William Ury and ‘The Middle Voice’ by Lela Love (who also happens to be one of my (Anuroop) trainers at the program I attended at CEU Hungary). However, cultural variations and cross cultural confluence plays a key role in the process of negotiation and mediation.

    We wanted to elaborate on the concepts and international practices with an Indian flavour. It is important for us to understand that negotiation and mediation are not alien, Western concepts. They have been part of Indian culture since time immemorial. There are so many examples on use of negotiation, mediation, related techniques and concepts in the Aesop Fables, Jataka Tales as also in the Indian epics of Mahabharata and Ramayana. We have tried to introduce these concepts to our Indian readers by co relating these numerous stories we have heard since childhood but did not know had so much significance in our adult life.

     

    Is the book India specific or does it have any global significance?

    Apart from the easily affordable price of the book in the Indian market and the Indian anecdotes and case studies, the practice of mediation and negotiation has certain established best practices which have proved to work worldwide. However, the psychology, approach, expectations and cultural practices in negotiation and mediation vary significantly in every country. We have tried to present mediation as it is understood in most regions of the world where it is practised widely like USA, Europe and Singapore. So, the book definitely has global significance. Additionally, India is the next global market and the book will be useful for any person who wishes to establish business connections in India and wishes to understand Indian psychology towards negotiation and dispute resolution.

     

    How is a 40 hour mediation training different from the regular ADR classes attended by law students across various law schools in the country?

    The ADR classes in law schools are definitely very useful in preparing a base for future alternate dispute resolution (ADR) practice. The classes introduce us to the basics and lay the foundation upon which we can specialize and build a sky scraper if we wish to. But Indians presently associate ADR practice with only arbitration and the same reflects in the course curriculum at law schools. Students end up studying the Arbitration and Conciliation Act, 1996 in great detail. A class or at the max two are devoted to mediation. Negotiation is not yet acknowledged as a mode of dispute resolution although lawyers have been informally settling matters outside court since the time court system exists in India. To top it all, ADR is an optional subject in many law schools and students many times end up choosing subjects which are more ‘scoring’ or require ‘less effort’.

    An internationally accredited 40 hour mediation training focuses more on skill development rather than legal interpretation. The training is generally conducted in a round table discussion format and provides participants an insight into not just mediation best practices and procedures but also related psychology, neurosciences, communication and body language. After attending the training, participants tend to approach everyday life differently. The participant’s perception of every conversation and difficult situation changes after the training. Of course, the willingness of a participant to absorb information and practice skills is another matter. That being said, being a good negotiator or mediator is more about a mindset adjustment rather than knowing the law. Most importantly, you do not need to be a qualified lawyer, psychologist or social worker to be eligible to apply for training and be a successful mediator. For instance, the housewives saved India from the impact of global financial crisis through their savings habit without being an economist. These housewives who undertake crisis management daily can also be very effective mediators.

     

    Can the experience of a lawyer or a judge be a good enough criterion and experience for being an excellent mediator?

    As we said earlier, it is not your qualification or experience in law which makes you a good mediator. What makes you a good mediator is your outlook towards disputes and life in general. For anybody to be a good mediator, you first need to step away from the adjudicatory mindset. You need to dip into the age old Vedic knowledge and be detached from the disputing parties and their conflict. You need to help disputing parties clear the cobwebs of their hurt and aggression to arrive at the real issues underlying the dispute which need to be resolved. A mediator should always approach mediation with an attitude of fortifying long lasting relationships and maintaining public goodwill of the disputing parties. We all know that an emotionally agitated person can never make good decisions. An excellent mediator calms down agitated disputants and helps them achieve an objective outlook of their dispute. Indians have a typical habit of thinking that they can solve anybody’s disputes and that their suggestions are absolute. A good mediator never succumbs to this temptation. He brings the disputants to a position where they themselves chalk out a solution. Only when the disputants themselves come up with the solution, they actually implement it instead of again objecting or appealing the outcome in a court. More and more people are refusing to accept terms being dictated to them by someone else. The rejection of debt terms by Greek public referendum is a strong indication of this changing outlook.

    Also, disputants generally come with very strong emotions and positions on a mediation/negotiation table. But the tight rope walk of a mediator requires him to not be affected by the strong emotions and positions being radiated by a disputant. If the mediator is himself not objective, neutral and highly pragmatic, how will he help the disputing parties?

    Bottom line-anybody can be a mediator if the person can inculcate these qualities and streamline them through training and practice. Your aptitude plus training by the right resource who is knowledgeable in international practices is key.

     

    Does mediation have any kind of legal sanctity in India?

    Presently, matters at court are being referred to mediation under Section 89 of the Code of Civil Procedure. Similar mechanism for commercial disputes is provided under Section 442 of Companies Act, 2013 but the provision and rules have not been notified yet. Indian laws provide for mediation only after parties approach the courts. Pre-litigation mediation is not governed by any laws in India presently. However, I wish to clarify here that the settlement agreement even in a pre-litigation mediation is binding under the Indian Contract Act, 1872.

    The Arbitration and Conciliation Act, 1996 provides for conciliation but not mediation. It is important here to note that conciliation is not the same as mediation. ‘Conciliation’ implies a stronger form of intervention. The conciliator, not the parties, often develops and proposes the terms of settlement. In conciliation, the conciliator is usually seen as an authority figure who is responsible for figuring out the best solution for the parties. The parties come to the conciliator seeking guidance. In this regard, the role of a conciliator is distinct from the role of a mediator who is more like a referee. Mediation is nothing but assisted negotiation.

     

    What do you mean by ‘international best practices’ of mediation as referred in your book?

    Mediation is being practiced professionally in United States of America since almost the eighteenth century. Pre-litigation mediation is practised extensively in civil matters in the European Union. Due to this extended practice of professional mediation, these practitioners have come up with certain principles and practices which increase the success rate of mediation. These rules are universal and have worked across the globe. Extensive research and market analysis on how mediation works best has been conducted. In Russian there is a ‘Kahavat’ as we say in India: The wise man learns from someone else’s mistakes, the smart man learns from his own and the stupid one never learns. When the world has already set standards based on trial and error, these standards should first be adopted and implemented by us to build the foundation of mediation in India. At the next level, we should customize these standards based on our own empirical research and innovate further.

    One of the best examples of an international best practice is maintaining confidentiality. The names of the disputing parties, the facts of the dispute, the mediation proceedings and the outcome of the mediation should be guarded by confidentiality. This helps disputants preserve goodwill and resolve their disputes in a way they think best without the pressure of public scrutiny and expectations.

     

    Has your book been launched officially? If not, when is the official launch of the book? Can the readers attend your book launch?

    Our book is presently available on Flipkart, Amazon and LexisNexis for the readers. But the official book launch is at India International Centre, New Delhi on 7th August 2015. Interested readers who wish to attend the book launch can definitely drop us a mail at omkaranuroop@gmail.com on or before 21st July 2015 and we would love to have them at the launch subject to availability.

     

  • Appanna Poonacha, Senior Manager – Legal, Ocwen Financial Corporation, on work experience at Manthan LPO and ISGN Bangalore

    Appanna Poonacha, Senior Manager – Legal, Ocwen Financial Corporation, on work experience at Manthan LPO and ISGN Bangalore

    Appanna Poonacha graduated in law from University Law College in 2006. Right after the completion of his graduation he joined Manthan Legal. After working at Manthan for almost six years, in 2012 he started working in ISGN, Bangalore. At present he is working as the Senior Manager – Legal of Ocwen Financial Corporation.

    In this interview we talk about –

    • His journey through years of law school.
    • His work experience at Manthal Legal and ISGN, Bangalore.
    • His role of work at Ocwen Financial Corp.
    • Pursing Masters in Business Laws (MBL) program from NLSIU, Bangalore.
    • Certificate courses on banking and financial services

     

    Please introduce yourself to our readers. Where did you grow up and complete your initial education? How did you decide to take up law?

    I am Appanna Poonacha. I am a Bangalore based corporate lawyer. I currently work with Ocwen Financial Corp. as a Senior Manager – Legal. In this role I am heading the company’s legal contracts functionality and oversee all commercial transactions at Ocwen’s India offices. I was born into a family of lawyers at Coorg, a place which is popular for its coffee, spices and picturesque landscape. I grew up watching my dad practicing law. I completed my schooling at Coorg and then pursued my Pre-University at St. Joseph’s Arts & Science College, Bangalore. I graduated in Law from University Law College in 2006.

     

    How was your law school experience? What activities were you involved in law school?

    Law school curriculum offers exposure to various subjects in law. This is the first step towards understanding each subject in depth. Moot courts and internships churn you towards the practical side of law practice. I actively participated in these activities which provided exposure to various challenges you come across as a lawyer. You also build skills related to leadership, teamwork and conflict management.

     

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    Upon graduating, you started working at Manthan Legal. What exactly does the company do, and what did your work profile involve?

    Soon after graduation, I got an opportunity to work with Manthan Legal, an LPO which then specialized in providing litigation services to law firms in the United States. Joining an LPO back then was like exploring a ‘road less travelled’. There weren’t many players in this field. Manthan gave a platform for me to work with attorneys in a global set up. This was my first stint in a corporate firm. Here I successfully managed revenue portfolios close to 1Million USD, leading a large team of attorneys catering to these law firm clientele. I was responsible for delivery operations, accounts’ management, client relationship management, business development and growth strategy of the BU.

     

    In 2012, you started working at ISGN, Bangalore. What did your work at ISGN consist of?

    After 6 years of working at Manthan, I got an opportunity to work with ISGN as an in house counsel. ISGN is a provider of mortgage technology and services for lenders, brokers and servicers in the US Mortgage industry. I was primarily responsible to oversee litigation & contracts for company’s regional office at Bangalore.

     

    Currently, you are Senior Manager at Ocwen Financial Corporation. What do your responsibilities include? What does an average day of work at Ocwen look like, for you?

    Ocwen is one of the largest providers of residential and commercial mortgage loan servicing, special servicing and asset management services in the United States. I am currently heading the Contracts team at Ocwen’s offshore facility in India. On a normal working day, my work involves liaising with internal teams, negotiations with clients and assisting the business with legal support in contracts.

     

    What do you look for in potential candidates while recruiting them? Please describe the management and HR policies that Ocwen follows?

    For me a potential candidate shall possess high values of work ethic, a drive to achieve and willingness to learn. Knowledge and skills are personal assets which qualifies an individual to grab opportunities. Ocwen is a workplace that believes in Customer Centric Quality, Inclusive Meritocracy, People, Integrity and Teamwork.

     

    Do you agree that law firm atmosphere is more competitive and challenging? Has your work been an exception to this notion?

    I would not buy that thought. Every profession has its own challenges. In today’s global environment, it is unfair to make comparisons.

     

    What are the essential requirements that a law student must fulfil in order to pursue a career in financial services? Do you think additional degrees like CA or CS help in this regard?

    Every day is a learning opportunity. There is no one success formula to be successful professional in any industry. Knowledge that you gain as a student, as a young professional will contribute towards personal/professional growth and success in your career. Additional knowledge and skills are always an added advantage.

     

    Has the Masters in Business Laws (MBL) program from NLSIU, Bangalore helped enhance your skills and abilities in a professional capacity?

    Absolutely! Knowledge in any form has no boundaries or limitation. I was privileged to get enrolled for MBL from NLSIU. It provided me access to some of the best legal academicians and resources of law in this country. The program itself was targeted to corporate professionals.

     

    How did completing a few certificate courses in banking and financial services help?

    Financial Industry at the United States is highly regulated. These certificate courses helped me to understand the various laws related to compliance in the day to day functioning of these corporations.

     

    Lastly, what is your plan for the future? What advice would you give law students wishing to pursue a career in financial services?

    My goal is to be a General Counsel of a large multi-national corporation. My sincere advice to law students is to utilize the various opportunities provided to them during their law school tenure, dedicate your time to gain knowledge and skillsets. Always aim for the sky!

  • Aarthi Sivanandh, Partner, J. Sagar Associates, on building a corporate law practice, merging Vichar Parters and LL.M from Tulane

    Aarthi Sivanandh, Partner, J. Sagar Associates, on building a corporate law practice, merging Vichar Parters and LL.M from Tulane

    Aarthi Sivanandh graduated in commerce from Stella Maris College in 1997 before deciding to pursue law from Tamil Nadu Doctor Ambedkar Law University. Thereafter, she attended Tulane University (US) on a scholarship and graduated the masters course in corporate law with distinction. Soon after she worked in California briefly as a foreign legal consultant before returning to India in 2004. On her return to India she was part of the founding partner team for Universal Legal. In 2010, she co-founded ‘Vichar Partners’ which merged into J.Sagar Associates in April 2014.

    In this interview she tells us about:

    • Degree in Law after commerce and subsequent international exposure
    • Building a corporate law practice in Chennai
    • Experiences in founding a law firm and its merger with Jyoti Sagar Associates
    • Role of a partner at one of the largest firms
    • Work life balance and necessary skills of a young lawyer

     

    You are a B.Com (Hons.) graduate from Stella Maris College. How did you decide to join Tamil Nadu Doctor Ambedkar Law University?

    I never envisioned myself as a lawyer. In my final year of undergrad college at Stella Maris, I had won an advertising competition that awarded me an internship offer at HTA. My mother promptly found me a friend of hers who was a company secretary who persuaded me to join the course lest I am lured by what they believed as the glamorous world of advertising. A short introduction to the intermediate course at the institute and I was captivated by law, thus the road to join the University in Chennai to pursue a degree in law.

     

    Soon after completing LL.B., you went to pursue Masters from Tulane University Law School. Why did you decide to go for higher studies?

    I was interested in corporate law but there were no law firms in Chennai in the late nineties, the city was flooded with court counsels. Litigation was the only thriving practice area and the city was well known for its stellar attorneys’ bar. I decided to visit Bangalore and Mumbai for an internship and found the firms there unwilling to entertain me except for one. It was a struggle to gain exposure to transactional or corporate practice. It was the time after an undergraduate degree when I was keen to discover the world, find new experiences. I had also won two scholarships to study abroad, so I decided to put them to use and get a Masters in Law degree.

     

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    Tell us about your LL.M year at Tulane. How did this influence your career?

    My time at Tulane was rewarding and fun filled, both intellectually and personally. New Orleans is the third most interesting city in the US after New York and San Francisco; this drew me to choose the foreign lawyers LL.M program at Tulane. My class had almost 130 people from more than 25 countries. The historic city that had fought Spanish and French wars, its streetcar and Audubon park still alive from the 1840’s and a milieu of international students was the background in which my mind grew.–

    The enriching dialogues and conversations between professor and student, the Socratic method of teaching, the non-judgmental easy ways that gave every attorney the time to compare how they learnt the law at their home countries and how they articulated themselves, changed my 23 year old mind at very fundamental levels.

    Nothing was unacceptable in the system and there were no wrong answers, there were only ‘different’ answers – This was a huge change from the way I was educated in Chennai.

    I learnt to respect other views, state my own clearly, be financially responsible, manage hard work, independence and be comfortable with strangers. I decided to work in the Valley on graduation and came home after 2 years. And like every person who returns home, I wanted to come back to Chennai and change the way people viewed the firm culture and practice of corporate law.

     

    You have been a corporate lawyer for most of your career. What prompted you to take up corporate law? Share with us any experience which helped you to shape your career choices.

    My late uncle was a real estate lawyer in the 80’s and my father though retired as a public prosecutor continues to work in dispute resolution on a range of matters. I would ask them where companies and others who ran businesses go for their work and they would both reply that those clients’ litigation needs were taken care of in the city but for ‘other work’ they would go to Mumbai or Bangalore or Delhi. While I enjoyed practising with litigation teams in the US (The Chugh Firm), on my return I began to focus only on corporate and transactions law in India and particularly in Chennai.

    The challenge to marry the various nuances of the law with the intricacies of forward looking business is both an opportunity and challenge to the transactions and corporate law practice.

    Many commercial relationships succeed without the fear of legal enforcement simply by relying on the discipline of the parties’ motivation to be fair, their prospect for future dealing, and the increasing premium they place on reputation.

    A quality legal product or service would therefore be one that fine-tunes incentives by providing for a broader range of contingencies that will in turn dramatically reduce the costs of dispute resolution. The challenge to achieve this intricate balance calls upon several skills. This held great appeal for me as a practice area and catered to my need for cleanliness in human and business interaction.

     

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    Considering the fact that you started your career in California, was it easy for you to settle in the work environment of India?

    The style of work communication and managing client expectations were the big differences in the work environments. When I moved to Chennai in 2006 there was still no law firm that was organically grown in Chennai with a true concept of equity or partnership.

    I was a part of Universal Legal in Chennai, India for 4 years that helped me start my career when I moved home. It was an entrepreneurial foray to set up and learn the way forward in term of setting up a practice. However, in many ways there was no ‘senior’ in India whose coat tails I could hold on to, the only choice was to play natural, observe and learn. I settled in easily, it’s a great city and its home. The community places a premium on fair relationships and quality work which were encouraging when I started. Many friendships over the years have given me an insight into the work environment that is unparalleled.

     

    You co-founded Vichar Partners in September, 2010. How did the idea germinate? Any specific reasons why you chose the name “Vichar Partners”?

    I had not always wanted to set up my own firm but one is an amalgam of everything and everyone they meet. The idea of the firm germinated with the usual impatience some lawyers feel in believing that they could fundamentally change things and grow a firm that can have an impact. The energy it required and the excitement of possibilities fuelled me.

    By 2010, I felt I had enjoyed the city, represented and worked with many clients who were willing to work with a non-branded non-legacy firm and had earned the trust of some of the business leaders in the city. I had sporadically but constantly dreamt of an organically grown firm in Chennai, with all its partners in Chennai catering to everything clients need in Chennai had gained momentum. The timing seemed apt when I met my great colleagues and partners Vinod Kumar and Chitra Narayan. Everything seemed ordained and there just seemed no point in waiting anymore.

    We wanted to institutionalise and build a full service law firm and to create a platform that awarded and energised lawyers on merit. We were keen to grow a fast paced technology based law firm that would deal with clients, timelines and quality in an effective manner.

    Our name was coined by to reflect the first 2 letters of each of our names but also that in Sanskrit. Vichar meant an idea, thought or opinion which was what our firm was. We were bound in our commitment to quality and our common belief in the ethical practice of law and business.

     

    In April, 2014, Vichar Partners was merged with Jyoti Sagar Associates, Chennai and you currently work as a Partner at JSA, Chennai. What prompted this merger?

    Vichar Partners entered the market with large aspirations on being the “go-to” firm in Chennai for corporate, commercial, transaction and niche litigation work. We grew considerably well in terms of repute, associate strength and the quality of work we were handling but we did see market realities in a comparatively smaller geography. Talented young corporate lawyers were tough to find in Chennai as the city had deep roots based solely in dispute resolution and transactional work was getting outsourced which meant there was no investment in building younger lawyers in this area, or finding administrative paralegal support to handle large transactions.

    In our third year we found ourselves on other sides of the table with JSA several times, while internally we were intrigued and absorbed on the next level of growth for Vichar. A matter of timing and providence, the potential for a combination seemed complimentary to both our firms.

    Somasekhar from our Mumbai office was a significant influence when he first met us with the idea, later interactions with Murali from our Bangalore office, Amit from our Delhi Office and Dina from our Mumbai office confirmed we were on the right path to considering a merger. Of course, the powerful work ethic and integrity of the leadership of Berjis and Jyoti preceded the reputation of JSA and in the end it was almost a natural selection

    While some may try to refute this, I do believe that large law firms attract the best talent, provide superior training and mentoring, and would transform the inexperienced into an exceptionally skilled attorney. This in turn allows such firms to attract sophisticated clients, handle cutting-edge transactions and manage the greatest deal flows. A combination of these ingredients on a consistent basis offers the best opportunity to develop as a lawyer.

     

    What does a partner at a law firm like JSA do? What falls within the scope of your responsibility? Tell us about a typical work day.

    No day is like another. They are unstructured, sometimes meditative in working through a solution or reactive mode to urgencies or filled with telephone calls. Typically, the day is filled with interactions with potential clients, ongoing work and associates.
    A typical day would start with getting a handle on all the client matters going on, different transactions or other mandates involving opinions or structuring a business, that is either readying itself for a sale or targeting a purchase – the task of managing responses to all of them and understanding if their strategies fit within the walls of the law. I prioritize and coordinate with my colleagues who are working with me based on what stage each transaction or the firm’s involvement is at. Once the background work and schedules are set within the team, active participation in calls or negotiations begin, with each party at the table having multiple commercial requirements and legal must- haves. The forward looking protections that are required in an ever changing commercial background can require one to bring to bear an understanding of economics, commerce, industry and the law.

    Timelines can stretch for various reasons from parties posturing for the right leverage or purely for commercial purposes. The loop repeats and until innovative structuring, alignment of interests and final negotiations find balance– sometimes takes several months.

     

    What is the most challenging or stressful part of being a Partner at one of the most successful law firms in the country? Is it easy to have a work-life balance?

    Challenges are continuous, no piece of work is alike and the constant commercial and market changes require one to keep pace with it and opine within the four corners of the law The challenge is to use the right proportion of legal logic, commercial reasoning and fair persuasion on behalf of a client. Negotiations too are often like a puzzle, you may know where the piece goes but you also have to time when you place the piece in the puzzle so as to let others help you complete it. Being calm and composed in all kinds of crisis situations and timeline based advice is also a challenging aspect of the practice.

    No, it’s not “easy” to have a work life balance. Having said that, I don’t believe work to life balance should be 50-50, at different points of life the balance scale shifts sometimes 60-40 and at other times say 40-60. I have two kids aged 7 & 3 who like to do the typical things kids of that age do– play constantly, run, go to classes etc. With a good support system I manage to do some of it with them but not all. If you think of it all as a part of leading a “whole life” then it makes sense than try to slot each activity into a bucket of either work or life. A true partner/spouse who understands the nature of work can help immensely in keeping this balance. JSA is an even keeled firm, with a great set of people and that makes the road saner and easier.

     

    What kind of effort should a young associate put in to work to get it appreciated? What distinguishes an associate from a partner when it comes to work?

    A young associate should have a keen mind that should be somewhat of a sponge – that absorbs everything in and around, taught and not taught and a thirst to learn. The law school rote method won’t let you stay afloat in a law firm but resourcefulness and hard work will. There are no short cuts.

    The outside world and fresh off the boat lawyers are often enamoured by the pay a corporate practice offers but often fail to see the immense hard work that goes into the practice. There must be a very good reason other than money that makes one want to continue to pump in some very crazy hours, bear with challenging transaction requirements, clients who are bound to be low on patience if they are in stressed commercial situations and to sustain it all, for days to end– it’s a time vampire.

    Associates are central to a Partner’s practice. The more they learn and give the more they grow, the more they grow the Partner can expose them to a variety of work. No show is a one man show, the synchronised timing and effort of the associate team in building research knowledge, knowledge management, prompt interactions with clients on status updates or first level drafts and so can assist the Partner to build on the same to have deeper discussions, develop negotiation strategies, understand commercial requirements and enhance the quality of the practice.

     

    How important would you say are business development skills at such higher roles in a corporate law firm?

    The role of business development is a key component in a law firm. The firm has only one asset – its people. Amongst the people not everyone is required to concentrate on business development but is a requirement on the senior resources. If a senior resource can garner client confidence, provide resourcefulness and deliver as required the firms credibility grows. The larger the pool of senior resources the larger the palette of services the firm can successfully offer. The symbiotic relationship of different partners in the firm are the strong links the firm builds through its people assets in the community. I would say these skills are critical and second to none.

     

    Having a centralised HR what do you have to say about students writing to partners directly?

    JSA is a national law firm and our internship process, recruitment process – all HR functions are centralised. Applications are usually submitted at the internship or careers link on our website. Sometimes, students write to partners or associates they have met or have a relationship with through some other professional forums, while this affords familiarity with the candidate it still depends on the requirement of the location partners and of the firm at each level.

     

    When you hire lawyers under you, what specific skills and profile do you look for?

    Law school education is becoming more adept at providing attorneys with transactional skills. Generally, however, it still falls short. When I hire for my team, I look for students who worked extra hard to find some baseline transactional competencies or have devised ways to achieve them through internships, reading, taking courses at the institutes for extra focus on particular areas of law or part timing at corporate law firms.

    Given where things are in terms of corporate/transactional law practice outside of Mumbai and Delhi and given the gap between law school education and the transactional competencies that are required, it is incumbent upon the lawyer to be competent and take whatever steps necessary to educate herself to become so.

    Fresh graduates can build on their ability to understand business associations, basic advice about business structures, and draft documents related to business associations and secondly to investigate and understand facts and research the law in a given context (emphasis on due diligence).

    Working lawyers or lateral hires in addition to the above should be able to draft clearly, have thorough research skills, be able to walk a colleague or client through the process of identifying what the issues are, rules of law in play given the issues, applicability of law to the issues and finally a conclusion. They must be able to also identify and address the ethical implications of practice.

     

    What would be your advice to students who wish to go for higher studies?

    A degree for the sake of it would serve no end. However, some are geared to appreciating the jurisprudential thought involved and understand nuances better when the learning is organized through curriculum while others are adept to picking it up as they work with counsels or at law firms. A higher education abroad gives an exposure early on in a student’s career to the different styles practices and legal markets in the world. In my personal experience, these courses often help in wide network of friends in different regions and a style in writing and thought that could be unparalleled but I would not unduly overemphasise the need for a practitioner to obtain a master of laws degree.

     

    What would be your message to our readers who are budding lawyers and law students?

    Clarity in thought and expression is the single most important quality for a practising lawyer today. This assists in honing the ability to identify, evaluate, and understand business risks for clients and in turn offer appropriate legal advice. Invest in yourself constantly, by reading and understanding the rules of law both at home and abroad, this will enable one to compare contrast and therefore learn. The law is known to be a jealous mistress; you will have to give a lot to get some.

  • Namrata Chatterjee, Associate, Shardul Amarchand Mangaldas, on leaving law firm for FIFA masters, studying law at NLU Jodhpur and cracking job interview

    Namrata Chatterjee, Associate, Shardul Amarchand Mangaldas, on leaving law firm for FIFA masters, studying law at NLU Jodhpur and cracking job interview

    Namrata Chatterjee is a graduate from National Law University, Jodhpur (2013 batch). She worked with Amarchand Mangaldas & Suresh Shroff & Co, Delhi (now Shardul Amarchand Mangaldas) for around two years and has just left the organization to pursue the FIFA Master Program; a masters in humanities, management and law of sports, on a full tuition fee waiver. We asked her to share her law school and work experiences, and reasons for leaving one of the best jobs in the country.

    In this interview, she talks about:

    • Law school experience at NLU Jodhpur and all about balancing Academics with co-curricular
    • Cracking AMSS interview, work experience at AMSS and the first year of graduation
    • Applying for the FIFA Masters programmer and qualifying for full tuition waiver

     

    How would you introduce yourself? Could you please share a little bit of what motivated you to pursue law as a career?

    Hi, I am Namrata Chatterjee, a graduate of the 2013 batch of National Law University, Jodhpur. I worked with Amarchand Mangaldas & Suresh Shroff & Co, Delhi (now Shardul Amarchand Mangaldas) for around two years and have just left the organisation to pursue the FIFA Master Program; a master in humanities, management and law of sports, on a full scholarship (full tuition fee waiver).

    To be honest, Law was never my first choice career option. I had taken up the science stream and was preparing for the engineering entrance exams during my XIth and XIIth standard. Though a lack of passion in the subjects I was pursuing made me realize it would be a mistake to keep continuing down a path which wouldn’t give me work satisfaction. Hence, I then decided to pursue law. The fact that my father, who is in the Civil Services also has a law degree and my mother is also a lawyer, though she left practice a long while back had me interested in the legal profession. Though ultimately, the decision to take up law came after my elder sister, Amrita Chatterjee commenced her legal studies at NUJS, Kolkata. Therefore, while giving CLAT, my first choice was NUJS so that I could study in the same college as my sister, after studying in the same school, D.P.S R.K. Puram together.

    However, as luck would have it, I did not get through NUJS and made it to NLU, Jodhpur instead. Initially I was unhappy about the same, but in hindsight I feel it was a great thing to have happened to me as studying in a different college than my sister gave me a lot of different exposure and surely made me much more independent in life.

     

    How did you make the initial shift from a science background to law? Would you say it was difficult settling in?

    I had taken up the science stream as that was the most encouraged field to be taken up after securing over 90% in my class Xth Board exams. Though once I did take up science, I began to realize that a career in engineering wasn’t my real calling. Though when I made the shift to law, there again I got the option of taking up B.A/B.BA/B.SC (LL.B) in NLU, Jodhpur. However, this time around I decided to go with the pure social sciences and opted for B.A LL.B (Hons). Though there was one thing about the science stream that helped me in my legal studies and that was the enhanced logical reasoning skills and the propensity to question. So, I would say, it was never difficult for me to settle into legal studies.

     

    Tell us about your college life at NLUJ. What all activities did you partake in?

    In a sentence, College life at NLU, Jodhpur has given me memories of a lifetime. Though, I took a little time to settle down in Jodhpur initially having lived in Delhi for most part of my life. However, soon I became used to the quaint environment of Jodhpur. NLU, Jodhpur not only stressed on academics, wherein we had continuous assessments throughout the semester along with presentations and compulsory court room exercises in the law subjects, it also gave ample opportunities for interested students to take up mooting, debates, MUN’s, cultural activities and sports among other things. In fact, if likeminded students got together, they had the independence to start a lot of interesting activities etc. I participated in MUN’s and paper presentations and that helped us to travel along with getting a good exposure.

     

    Please tell us about the manner in which you approached academics while in college. Please share some highlights from your college days that shaped you as a lawyer.

    I always took academics seriously. I maintained a good CGPA throughout the five years. Though I’ll be honest, I did not pay attention to everything that was taught in class always and rarely ever took notes. Rather, only subjects of my interest and especially the classes taught by some of the teachers who made the classes rather engaging caught my full attention. However, to prepare for the continuous tests and exams, I always studied in groups and studied from the notes taken by my friends and generally always fared well in the exams. I would not have specific highlights that shaped me as a lawyer, but it was more of a gradual process, being aware of your rights and trying to reason with the teachers and administration to convince them, debates and discussions with my friends and finding evidence to back my points amongst other things shaped me as a lawyer.

     

    A lot of law students in their first and second year of law school plan to change the legal regime of India. Many of them promise themselves to work pro-bono on social issues, curb menaces and threats to the society. Have you ever felt that kind of thought crossing you?

    Yes, I wouldn’t deny these thoughts having crossed my mind at several occasions. Not just during college but even when I worked at Amarchand. Sometimes a cab driver while dropping me to the High Court would seek my legal advice or my house maid would approach me with a legal dispute and at those moments, I kept feeling the need to give back to the society and help the under-privileged with whatever legal knowledge I have. However, to be able to do some pro-bono work, firstly I think it is important to gain more knowledge, work experience and the resources to truly be in a position to help others and yes, if possible someday if not full time, I would hope to assist in some way in taking up pro-bono matters in whatever field I am pursuing.

     

    How did you fare in your academics at NLUJ? Would you say a great CGPA is a necessity to kickstart a good career in the legal profession?

    I maintained a consistent CGPA in college and stood within the top ten percent of my batch. A good CGPA is not the only measure to secure a good career in the legal profession. Interest in what you pursue and working hard in internships and other extra-curricular activities help as well. However, as the recruitment scenario of the big law firms go, if you have a good CGPA, it helps you to get shortlisted for the interview comparatively easily. Though maintaining a good CGPA is hard work in itself. However, that gives you the leeway from the stress of securing a PPO through the internships. Further, moot courts, publications and such activities does help in building a good CV, but as I can say from my own example, these things are not necessary to secure a good job. I only participated in one moot late into my 4th year that too since it was a moot in IPR, a subject of my interest and I did not have any publications during law school. So, it is not necessary to participate in a lot of moots etc. However, if you are interested in them, taking them up would be an added benefit. However, a good CGPA and a good interview helped me to secure a job at Amarchand.

     

    Which subjects did you enjoy during your qualifying degree? How did you go about developing expertise and knowledge in these areas?

    I particularly enjoyed the Intellectual Property Rights and related law subjects the most in law school. I even took up IPR as my specialisation or honours subject. Though, even more than IPR, I was passionate about sports law. From my childhood, I have loved sports and this field of sports law gave me a chance to explore the interplay of sports and law. However, sports law as a subject was not taught in my college. Therefore, to pursue my interest in the field, I constantly kept reading websites like lawinsport and pursued internships in the field. I even mentored some of my juniors in sports law under the academic mentorship program initiated by some of the students in my college. In furtherance of this interest, I even took up sports law as my seminar paper in my final semester. Even in IPR, I was more interested in copyright and trademarks as opposed to patents and I constantly kept reading, writing and researching on the congruence of IPR and sports law. Even for the research paper/projects we had to develop in most of the subjects taught in college, I would try to write them on sports related topics.

     

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    How did you plan your internships? How relevant did you find your law school education with the kind of work you were required to do at law firms?

    I actively planned to take up at least one internship in a year. I never over burdened myself with internships as I always wanted to keep some time off to spend with my family and friends at home. However, I pursued internships keeping my interests in mind. In my first year, I interned at NHRC, subsequently I pursued litigation internships with advocates and law firms like Luthra & Luthra and Parekh & Co. Though from my third year onwards, I started streamlining my internships even further to explore and gain experience in areas I was most interested in, being IPR and sports law. Therefore, I interned at Law Offices of Nandan Kamath, a boutique sports law firm in Bangalore and Copyright Integrity International. I even interned with Retd. Justice Mukul Mudgal and gained firsthand experience of interesting work in sports law.

    Law school education is the foundation to develop how you interpret the laws and the approach towards legal thinking. Though from experience, I would say that we learn more on the job than we learn in law school.

     

    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?

    As I just said, law school education helps you to develop a legal thinking and good researching skills. Further, the subjects that one takes interest in law school, those subjects and certain landmark cases therein stays with us always. However, we learn most subjects and topics on the job when we are faced with a practical situation regarding the same. In a way, the curriculum at NLU, Jodhpur and the continuous tests, mid-terms, vivas, projects, presentations, moots throughout the semester prepared us to work late into the night when required and meet deadlines in any manner and these things surely help us to be prepared with the work life and expectations at your job.

     

    Soon after graduation, you joined AMSS as an Associate. How did your appointment take place? What worked for you in securing the job?

    I got placed at AMSS at day zero of our placements that year. I had never interned at AMSS before so did not know what to really expect there. However, I was shortlisted for the interview based on my CV and my good CGPA I believe. I think my interview happened very comfortably and I was confident throughout the interview and that helped me secure the job. As also, as I have previously mentioned, a good CGPA, some varied and good internship experiences and participation in paper presentations and such activities helped my case.

     

    How was the job interview? Do you remember any of the questions asked to you? Please give our readers some tips to nail a law firm interview.

    The first round of my job interview was the group discussion round and we got to discuss and debate on the Indian Premier League, since I am very passionate about sports, the topic put me at complete ease. Post the GD, we had a personal interview round which was a mix of HR and technical questions. Though, I would really like to mention that staying calm and comfortable in an interview really helps. Even if you are unsure about a particular question, put it across to them that this is what you think and tell them that on this particular point you may not be completely sure. However, the subjects you are interested in and things mentioned in your CV about projects or internships, those things one should be aware of while preparing for the interview. Know your CV well and what you tell them you are interested in and at least show that you have taken some steps towards your interest. Further, for the HR questions don’t make up answers or take long to think and answer rather use your wit and give appropriate answers, it would surely help.

     

    How was your first year after graduation? What do you think were the biggest hurdles and challenges in the early days of your career? How did you deal with them?

    The first year, more so the first six months in your job are the most difficult. If one can mentally survive through the challenges that come up in the initial phase of your job, it becomes easier to handle pressure further. Since, in AMSS they had a policy of rotation for the fresh graduates who joined them; I was placed in a corporate team for the first phase post joining AMSS before being ultimately placed in the litigation/dispute resolution department. However, since I was always interested in pursuing litigation in AMSS and having never really interned in a corporate law team in any of my previous internships, I was not very comfortable in starting my career doing corporate law. Therefore, initially I took time to settle down, took more time to complete assignments, though some of the seniors understanding my position really guided me well. So, it is very important to get good seniors to guide you initially and one should not hesitate to ask questions and soon one figures out the expectations of their seniors and how to handle timelines without compromising quality.

     

    What kind of work and responsibilities does an Associate at AMSS deal with?

    In the first year of my time at AMSS, being in the corporate department, my work responsibilities included research, assisting in drafting responses and opinions and assisting in drafting due diligence reports, though once I shifted to the litigation department, my work responsibilities increased due to shorter deadlines before court hearings. Most of my work responsibilities included research, drafting the first draft of some of the pleadings and counsel briefing notes as well as providing assistance in counsel briefings and court hearings. Also, we are expected to know the files well and be adept at paper management in briefings and hearings to aptly assist our seniors. Due to large number of matters across various judicial forums, in a lot of matters I got the chance to go to courts by myself for filing as well as minor appearances.

     

    Tell us about a case that you are particularly proud of. What steps do you take to prepare for a difficult case?

    There have been one or two high profile cases I have been involved in and due to the high stakes of those matters, it has been very interesting to work in them. The biggest advantage I felt of working in Amarchand was the diversity of matters and especially the big matters that we got involved in. These matters involved various complex questions of law and gave us a chance to closely work with senior counsels and adopt their good practices as well.

    Difficult cases require extensive research and thinking out of the box. One should always keep thinking of innovative arguments and put forth their views to their seniors.

     

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

    It is only human to err. Even I have made some errors and mistakes in my time at the firm, but dealing with them and finding quick fixes is one more thing this job has taught me. In fact, I would say along with work experience, this job has taught me more of life experiences. In terms of mistakes, I can give an example, say, if at all I would forget to bring copies of an important case law to the court, I would go to the court library and secure copies of the same before the damage is done. Therefore, it is important to reach for conferences and court a little before time and know your bags and papers well, so that these kinds of errors can be fixed within time. However, if you have made mistakes which you cannot easily fix, always bring it to the notice of your seniors so that they can use their experience for crisis management rather than hiding it from your seniors.

     

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

    It is indeed important to be abreast with latest news in our profession. Reading the newspaper daily helps in this regard. So many times while researching for a case, I can remember reading about similar cases in the newspaper and then that helps with finding relevant and recent cases. It is also important to keep reading articles and SCC Online etc for the latest cases especially the landmark ones that come up. It is also very important to check the current position of law regarding every proposition one has to argue for their case.

     

    There is a considerable attrition rate at the top law firms, what do you think contributes to this? What has been your personal experience?

    The attrition rate is considerably high at the top law firms because the work pressure is surely a lot. Also, it more so depends on the reason one enters the law firm. Some people come to gain some good work experience before proceeding for their masters, which is somewhat my own case as well. While some people cannot deal with the daily demands and stringent deadlines, some people after joining realize this is not their interest area and move towards what they are really interested in. However, this is true that if one wants a less hectic life and most of their weekends free and finds it difficult to maintain the quality of work in extremely short deadlines, then it is difficult to continue in a big law firm.

    Personally also, after working here for around two years, I am now moving on to pursue my masters in a field which I have always been keenly interested in, i.e sports law. I applied to colleges and courses specifically providing for masters in IPR or sports law and applied and secured admission to University of Zurich, ISDE Madrid, George Washington University and the FIFA Master program and even secured a scholarship everywhere. So once I received the full scholarship (full tuition fee waiver) at the FIFA Master program, I knew it was time for me to pursue a field I am more interested in and the experience at Amarchand would definitely help me everywhere ahead. So, my reason for leaving the organisation was that though I was doing good litigation work, it did not involve a lot of sports related disputes and I wanted to always pursue my masters post getting a couple of years work experience.

     

    Life for lawfirmites can be very hectic at times. What is your take on work-life balance? How do you unwind?

    Yes, life at a law firm is hectic but during court vacations, things are less hectic and most people take their leaves at that time. I feel it is very important to have a work life balance; otherwise one tends to lose interest in their work and is busy dealing with deadlines and stress rather than enjoying what they do. So, as much as possible one should relax as well as go out with their family and friends on the weekends and try and avoid getting work back home, unless the situation really demands for it. Even in office, one should take small breaks to interact with their friends and walk around a bit to avoid sitting at their desk at a stretch for long hours.

     

    How did you decide to leave a cushy law firm job for the FIFA Masters programme? Please tell us about the programme and how you got gravitated towards it.

    I agree, it isn`t an easy decision to make when it comes to leaving a secured and well paying job for an uncertain path. However, I did what I feel will give me the right platform to pursue my field of interest.

    I have been a sports buff since my childhood. My father always found a partner in me to watch matches with him and then engage in endless discussions about various players and game strategies! Therefore, once I took law, it was only natural that sports law caught my attention the most. Now, to try and succeed in a sports related field, it is important that I obtain the right exposure and specialised knowledge. In that regard, the FIFA master fit my requirements perfectly.

    The FIFA master program is an international M.A teaching three different aspects which form the core of working in a sports related field, being humanities of sports, management of sports and law in sports.

    The first module is the humanities module which takes place in DeMontfort University, Leicester and covers aspects relating to the history and development of sports and sports organizations. The second module is the management module and is held at SDA Bocconi school of Management, Milan and the last module of the 10 months program is the law module dealing with the legal aspects of sports, dispute resolution, ethical issues in sports etc, to be held at University of Neuchatel, Switzerland. The final degree is awarded by all the three partner universities in association with CIES and FIFA.

    Along with the classroom teaching and guest lectures, the program also includes field visits to various sports clubs and organizations like FIFA, UEFA etc in order to learn about their fuctioning, marketing, governing regulations etc from the relevant experts.

    I have decided to undertake this program as along with sports law, this also widens my arena to cover management of sports which are upcoming fields in India and post completion of this masters, hopefully I would be able to contribute to further developments in these fields.

     

    How did you manage to get a full tuition fee waiver? Could you please detail the procedure in details?

    The option to apply for the scholarship is present in the main application itself and the selection procedure for the course takes place in two stages. If one is shortlisted based on the application, they then have to give an interview to be finally selected. So, during my interview I was told that they generally do not give the full tuition fee waiver scholarship to one person rather look towards dividing it amongst a few students. However, post the interview which wasn`t really a technical one, when I was finally informed of my selection, I was also informed that I have been awarded the full tuition fee waiver. The scholarship is given on the basis of need as well as merit.

     

    The question that whether one should specialise in a particular area of law or be more of a general lawyer often comes up before law students. What is your opinion on the same?

    I am going to pursue the FIFA Master program which in itself is a very specialised and unique course. This is a program organised by CIES and FIFA and taught by three partner universities being De Montfort University, SDA Bocconi School of Management and University of Neuchatel across England, Italy and Switzerland respectively. This program teaches the most relevant inter-disciplinary fields related to sports-humanities, management and law of sports. This program would surely enhance my knowledge and interest of sports law and along with it would also open the ambit of sports management if I choose to pursue the same. I agree, leaving a secure job and going to do something so niche might be a bit of a risk. However, I believe one should at least try to pursue what they love rather than keep regrets in life. So, particularly I feel if one has figured that they are interested in a specific field over the others and performs their best while dealing with work in that area then they would always enjoy what they do and get appropriate outcomes too. Working on laws that one does not find interesting, like I never enjoyed corporate laws doesn’t help in one’s growth and development as a lawyer. So, it is important to start as a general lawyer but if you feel there are some areas you enjoy more than the others, I would suggest and encourage one to pursue them further.

     

    What would be your parting message to law students?

    Work hard, enjoy what you do and don’t be afraid to take risks and explore options.

     

  • Roshan Gopalakrishna, Chief Legal Counsel, Copyright Integrity International, on work in sports and entertainment law and law school experience at NLSIU, Bangalore

    Roshan Gopalakrishna, Chief Legal Counsel, Copyright Integrity International, on work in sports and entertainment law and law school experience at NLSIU, Bangalore

    Roshan Gopalakrishna graduated from NLSIU, Bangalore in 2008 with a keen interest in sports and entertainment law. He is currently the Chief Legal Counsel at Copyright Integrity International and Senior Associate at the Law Offices of Nandan Kamath. He has advised the International Cricket Council on rights protection and is also a member of the Taskforce set up by the Karnataka Knowledge Commission to draft a comprehensive Sports Policy for the State. In this interview he talks about:

    • Pursuing sports and entertainment law.
    • Representing India at the Australia-India Youth Dialogue 2015.
    • Working at CII and the Law Offices of Nandan Kamath.

     

    Our readers consist of law aspirants, law students and young lawyers. How will you introduce yourself to them?

    Hello everyone. I’m a sports and entertainment lawyer with 7 years of experience in advising various stakeholders in sport. I graduated from the National Law School of India University in 2008. A large part of my life revolves around sport, and I hope it continues to stay that way!

     

    Tell us a bit about your childhood and pre-college life as well as educational background. Do you have lawyers in your family?

    I was born in the coastal town of Karwar, Karnataka. Apart from being a place of great natural beauty, (the Western Ghats, the Kali river and the Arabian Sea all meet here) Karwar is famous for two things (i) Project Seabird – which will develop into the largest naval base east of the Suez Canal (ii) inspiring Rabindranath Tagore to pen Prakritir Pratishodha (Nature’s Revenge). Tagore’s brother Satyendranath was a district judge in Karwar in the 1880s. In Tagore’s words – “The sea beach of Karwar is certainly a fit place in which to realize that the beauty of Nature is not a mirage of the imagination, but reflects the joy of the Infinite and thus draws us to lose ourselves in it. Where the universe is expressing itself in the magic of its laws it may not be strange if we miss its infinitude; but where the heart gets into immediate touch with immensity in the beauty of the meanest of things, is any room left for argument?”

    I was born into a family of doctors on my mother’s side and civil servants on my father’s side. There were absolutely NO lawyers on either side of the immediate family. As my father was a civil servant, we were able to experience life in many districts across Karnataka. As a devout follower of the state syllabus, I completed the SSLC from Sri Ramakrishna Vidyashala Mysore, one of Karnataka’s best residential schools for boys, and II PUC (Science Stream) from the Government PU College, Chikkamagalur.

     

    In India there is bit of resistance towards legal education even now. What motivated you to choose law as a career?

    I think I realised early on (around 8th standard – I was an early thinker!) that I did not have the aptitude required for a career in medicine or engineering. The larger issue was that it took an additional 2-3 years for me to figure out what exactly it was that I wanted to do. At boarding school in Mysore, the correspondent Rev. Sw. Muktidanandaji and the warden Rev. Sw. Atmashraddhanandaji suggested that a career in law and specifically at NLSIU would be a good option given my inherent qualities.

    My parents were extremely supportive of my decision and it helped that my father was aware of NLSIU’s reputation from his time as the Registrar of Bangalore University in the 90s. After that it was a matter of focussing on the NLSIU entrance and hoping for some divine intervention.

     

    How did you get through to NLSIU?

    Ah, after two years of trying!

    I attempted the NLSIU entrance exam in 2001 for the first time, and ended up with a rank in the top 100 or so, but missed the cut-off of 115 by about 4-5 marks. It was particularly devastating as I had no back-up option and I knew that some of the haste that I showed in the last 15 minutes of the test had proved to be my undoing. So while my father was posted in Chikkamagalur district, I basically just spent a whole year reading, playing cricket and badminton, and ‘preparing’.

    Wiser, I attempted the NUJS and NLSIU entrance tests in 2002. The result of the NUJS entrance test was shocking to say the least. I ranked second overall! While I was undoubtedly pleased as punch, unfortunately, it also brought out one of my worst qualities – hubris, and I just assumed that I’d waltz through the NLSIU entrance as well. The NLSIU entrance test of 2002 was probably the toughest in the history of the institution. The topper scored 99/200! Yours truly was ranked 62, basically bottom of the waiting list.

    The academic term at NUJS started a month in advance of the term at NLSIU.  As I had already paid the fees, I joined NUJS in June 2002 (Kolkata during the 2002 FIFA World Cup that Brazil won, beat that!). As fate would have, an opening at NLSIU in mid-July meant that I was able to join NLSIU at last, by the skin of my teeth no less.

     

    Tell us about the places you have interned at. Did you plan your internships throughout law school?

    At NLSIU, the 2-month break internships are largely structured as follows – first year and second year: usually NGOs or non-legal, third year: trial courts, fourth year: appellate courts and fifth year: usually with a law firm or a company.

    I followed this roadmap for the large part. More so since at NLSIU the trial court + appellate court + fifth year internship count towards a grade. Once I realised that my interests were in the sports ecosystem, I pro-actively sought opportunities to work at sports management companies, leading to internships with Mahesh Bhupathi’s Globosport, the Organising Committee of the Sony Ericsson International Bangalore 2007 (a WTA tier 3 tournament) and with Mr. Vinod Naidu – Sachin Tendulkar’s manager. Further, I was also able to convince members of the faculty at NLSIU to include sports related topics in the list of project topics allotted to students (IPR, ADR, Business Contracts, etc.). I guess this was a fun way of getting the most out of your passion and your profession.

     

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    Currently, you are working at two boutique firms CII and The Law Offices of Nandan Kamath that are now widely regarded as the best firms for IPR protection and sports law in India. Please walk us through your work profile in both of these organizations.

    I joined CII and LawNK on June 1, 2009. On graduation from NLSIU in 2008, I headed to Melbourne to work with a law firm. Changes to the requirements for Indian lawyers to qualify locally in the state of Victoria (studying 11 Australian law subject to qualify, as opposed to 3-4 in 2007-08) meant that I headed back to familiar shores earlier than I had planned. I also managed to gain 2-3 months of experience consulting for an advisory company engaged in the Australia-India space.

    At LawNK, I was the firm’s first associate. At CII I was given the opportunity to build the company’s trademark monitoring practice. The clinching factors were (i) the opportunity to work in Indian sport (ii) a chance to work with Mr. Nandan Kamath, India’s premier sports law practitioner.

    Both choices have been equally rewarding! I currently occupy the role of Chief Legal Counsel at CII and Senior Associate at LawNK. In addition, I also provide pro bono legal assistance to the GoSports Foundation. CII is now one of the world’s premier rights protection agencies, and LawNK has been ranked amongst the 50 best boutique law firms in Asia, the 50 best IP law firms in India and was officially appointed to provide legal advice to the ICC on commercial matters during the CWC 2011.

     

    You have advised ICC [International Cricket Council] on anti-piracy and rights protection its flagship events (CWC, Champions Trophy, World T20). What has your experience been?

    CII has been the ICC’s Rights Protection Partner since the ICC World Twenty20 2009. Our mandate is simple. We work with the ICC’s legal team in protecting the legal sanctity of the ICC’s 3 major revenue streams – ticketing, broadcast and sponsorship.

    Typically for an event such as the CWC, our work starts about 4-5 months in advance of the event. We dedicate teams of between 2-8 individuals for specific online, off-line and on-ground monitoring roles – monitoring live broadcast, highlight videos, trademark infringement, etc. and look to resolve infringements without the need for litigation. A large part of our efforts are focussed on educating the public on the permissible and impermissible use of the ICC’s IPR. Towards this end, we issue various public advisory documents and articles in newspapers. Personally, I have been able to lead the on-ground efforts at stadia in Bangalore (CWC 2011) and Chittagong (WT20 2014).

     

    Tell us about your experience, being a part of the Taskforce set up by the Karnataka Knowledge Commission to draft a comprehensive Sports Policy for the state.

    Well, for one, this has made my parents, in-laws and wife (in no particular order!) extremely proud!

    The Karnataka Knowledge Commission is a high powered commission constituted in September 2008 under the Chairmanship of Dr. Kasturirangan with an overarching aim of transforming Karnataka into a vibrant knowledge society. Each state in India now realises the importance of sport, and the taskforce is certainly the first concerted attempt by the GoK to address the lack of a comprehensive policy on the subject. The focus of the policy is to enable citizens to start, stay and succeed in sport, at various levels and support excellence, while using certain parts of Karnataka’s proven strengths (IT, BT, ITes, higher education) to create a strong system to administer and develop sport in the state. We hope to release the sports policy in a few months.

     

    What contributed to your selection as an Indian delegate for the Australia India Youth Dialogue 2015?

    The AIYD is the pre-eminent track two dialogue between young leaders from Australia and India. It was set up in 2009, around the time that Indian students were falling victim to attacks in Australia, with a view to get young leaders in both countries to interact and, in the long term, to increase cultural exchange and awareness. Each year AIYD brings together 15 Australian and 15 Indian young leaders who are experts in their fields of business, arts, academia, diplomacy, government, science and sport to discuss opportunities and challenges significant to the Australia-India relationship.

    As sport is one of the focus areas for the AIYD, and we have a lot of blue-chip sports clients based in Australia, I was able to indicate consistent engagement in the Australia-India space, and an ability to contribute to mutual co-operation (Australia has released a Sports Diplomacy Strategy 2015-18 which presents huge opportunities to develop sport at various levels in India). My Australian counterpart (on the sport side) was Lisa Sthalekar, arguably the greatest female cricketer of all time!

     

    You are a regular contributor to SportzLaw Monthly and lawinsport.com on issues relating to law and sport. How do you keep yourself updated of the recent developments in the field of Sports law and Intellectual Property Rights?

    Just to clarify, these are not research papers or academic articles! The articles that the team at LawNK has published are an attempt to capture the present position on the inter-play between Indian law and sport on various issues, and to explain the position in a manner that is easy to read for students, marketers, etc. We’re happy that our articles go some way in bridging the knowledge gap when it comes to law and sport in the Indian context. For those interested, the articles are available at – https://lawnk.wordpress.com.

    Twitter is my favourite source for information on sport, law and business.

     

    As a concluding message, what would be your suggestions to law students/younger corporate lawyers?

    Thank you for giving me this opportunity. I hope your readers find it informative. The sports, media and entertainment industries in India need good, motivated, knowledgeable and commercially savvy lawyers. To end, I’d like to quote Wayne Gretzky – “you miss 100% of the shots you don’t take”. So got out there, and take your shot!

     

  • Prem Jumani, Associate, Banking & Finance, ALMT Legal on being a Company Secretary and Lawyer and on law school experience at GLC Bombay

    Prem Jumani, Associate, Banking & Finance, ALMT Legal on being a Company Secretary and Lawyer and on law school experience at GLC Bombay

    Prem Jumani graduated with B.Com. degree from Mumbai University before joining GLC, Mumbai in 2008. Meanwhile he also managed to pursue CS degree. While pursuing law, he worked at Shree Ram Urban Infrastructure Limited as an Assistant Company Secretary.Soon after graduation, he started working at Batliboi Ltd as an Executive – Legal & Secretarial. Thereafter, he also worked at Kamal & Co. Advocates, Solicitors & Notary and Solomon & Co. Advocates & Solicitors. In 2014, he joined ALMT Legal as an Associate in their Banking & Finance and General Corporate team. In the same year, he was awarded with  the title of Rising Star of the 2014 Corporate Intl Magazine Global Award as ‘Corporate Compliance Lawyer of the Year in India’.

     

    Why did you decide to study Law? What inspired you to do so? How did you get through to GLC, Mumbai?

    My dad was a biggest inspiration for me, who made choose law as my career. Initially I took up law as a supportive degree to Company Secretary (CS). A law with CS is a very good combination for a corporate lawyer. Luckily my score on the board after my commerce graduation in 2008 was good enough to make my place in the merit list of GLC. Since GLC is the oldest law school of Mumbai and holds a huge reputation of building good lawyers it was my first preference in Mumbai.

     

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

    My interest was always corporate and commercial laws as I was pursuing CS during my graduation. I was interning with one of the leading infrastructure listed company which gave me a good base of corporate secretarial and capital market practice. Later on, as and when I moved ahead the attitude of ‘never say never’ helped me to get opportunities to do good amount of matters like private equity, acquisitions, banking finance and litigation.

     

    What do you feel about the perception that students of certain ‘elite’ NLU’s have a much easier time in kick-starting their career as compared to law students from other colleges? Is this true at all?

    Yes, it matters quite alot from which college one has done a graduation, but at the same time it may not possible for everyone to get into NLSIU or NLU. For getting a good start it is preferable that law students must do internships from second year onwards or even sign solicitors, if they wish to do so.

     

    After graduation, you joined Batliboi Ltd. as an Executive – Legal & Secretarial and later switched to assist Mr. Bulchandani – Counsel at High Court. What was the nature of your work at both these places? How would you describe your work experience as?

    My role at Batliboi Limited was more of corporate secretarial than legal. I felt that a job of company secretary was more of monotonous than a challenging work, I always enjoyed the legal assignments I use to get, but the scope of work was very limited in Batliboi for me. It was then a point of realisation for me that I want be a lawyer and take up the challenging assignments.

    Thus the hunt for finding a place in a law firm law started for me, but it was never easy for me to get in the law firms initially. I had never interned with any of the law firms earlier. After getting rejected by almost all the top tier law firms, I got a chance to assist Mr. Bulchandani in litigation matters at Hon’ble High Court of Mumbai and that’s how I did litigation.

    At the chambers of Mr. Bulchandani my work profile was to support him in each and every matter that was handled by him. I was given an opportunity to work on various matters with a wide scope. I generally use to assist him for High Court and Arbitration matters or even SEBI matter. At times I was pushed for appearing independently in small matters and I was developing a confidence in handling matters at trial courts. The work experience was undoubtedly fantastic with Mr. Bulchandani, but a pinch of moving from a handsome salary of Batliboi to a stipend was really big for me.

     

    You also had the opportunity to work as an Associate- Corporate Lawyer at Solomon & Co. Advocates & Solicitors. What kind of work you were entrusted with at Solomon and Co.?

    The work profile at Solomon & Co. was again very enormous for me. I had an opportunity to do vide range of matters like acquisitions, Indian Entry, corporate compliance, litigation, capital markets, private equity, etc. Above all Mr. Aaron Solomon is a very sharp lawyer and gem person to work with and I really admire him as a lawyer.

     

    Currently you work as an Associate in the General Corporate and Banking Finance team of ALMT Legal, Mumbai. How did you appointment take place? What do they look for in their prospective employees?

    My appointment in ALMT was by way of a chance, there was a panel of 4 partners who interviewed me and subsequently within a week I got selected and was asked to join the firm.  ALMT is a good growing law firm and gives a chance to lot of young lawyers a good platform to build their base. One needs to be honest, sincere and hard working for a good future and ALMT expects the same from its associates.

     

    What kind of work and responsibilities generally an associate at ALMT Legal deals with? What is a typical workday like?

    We generally deal with end to end responsibility in a transaction so right from a stage one to the closing of transaction everything is been handled by an associate. As far as what work a associate handles depends upon his or her expertise and interest.

    At times it’s hectic and we don’t even get a breathing space as any other law firm, but sometimes when we are light on work we make lots of news flash and update ourselves.

     

    What is the current scenario of studying corporate law as a career option in India? What are the key qualities one should posses for becoming a corporate lawyer?

    Corporate law has a very scope and includes various verticals of practice like private equity, capital markets, M&A, banking finance, corporate secretarial, tax practice, etc. In order to be a corporate lawyer one needs to have an interest and willingness of doing this subjects and it is better to have an additional qualification of a CA or CS or even MBL (Masters of Business Laws) which can give a good base.

     

    What have been the highlights of your job so far? What does it take to be a good corporate lawyer?

    I believe the diversity of matters is the major highlight of my career so far, as I have worked as a litigator, company secretary, private equity lawyer, capital markets lawyer and at time banking lawyer.

    Corporate law is not a rocket science but it takes smart and hard work plus a handy knowledge of subjects like contact law, CPC, companies act, SEBI, banking laws, etc. to be a good corporate lawyer.

     

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

    Errors and mistakes are the part and parcels of your life, you can’t avoid them and that’s the only way to gain experience. The strategy is to overcome the mistakes by analysing and understanding them and not running away from a situation.

     

    How do you think a CS degree can prove to be useful in a lawyer’s career in the current as well as future market?

    Undoubtedly, CS qualifications help alot in understanding and dealing the situation.

    CS syllabus helps you to learn subjects of capital market and general corporate in-depth plus a qualification which gives you some accounting and finance knowledge. Though we lawyers do not concentrate on figures much, it helps me to understand better in client meetings at times.

     

    How do you manage to strike a balance between your personal and professional life?

    Its quiet simple for me because me and my wife both are in the same field and understand each other quiet well. We generally spend good weekends together which help us to manage our personal life better.

     

    What do you feel makes an intern stand out and is very important for him to do to have a chance of getting a call back or even a PPO?

    Internship in ALMT depends upon the requirements from time to time. A hard work is very important, one needs to ask alot of questions and analyse each and everything in the manner to understand why the things are done in particular way.

     

    Given a chance to turn back the clock would you have done anything differently from what you’ve done?

    I realised lot of things late in my life. I wasted lots of initial days, which I feel could have turned around my career a bit.

     

    What would be your message to a law student who is yet to decide his/her career?

    Internships and hard work are the key to success for future.