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  • Jeet Bhatt, Advocate, High Court, Gujarat, on an LL.M from QMUL, and leaving a lucrative career in corporate law for litigation

    Jeet Bhatt, Advocate, High Court, Gujarat, on an LL.M from QMUL, and leaving a lucrative career in corporate law for litigation

    Jeet Bhatt graduated from the first batch of GNLU, Gandhinagar, in 2009. After working for almost a year, he went on to pursue an LL.M in  Corporate and Commercial Law from Queen Mary University of London. After finishing his Masters he had the opportunity to work at Mark & Co. in property matters.

    He later quit Mark & Co. and came back to Gujarat and joined full-fledged litigation practice.

    In this interview we speak to him about:

    • Requirements and selection procedure for an LL.M program at QMUL
    • Work experience at Mark & Co., London
    • Starting up with litigation practice at Gujarat High Court.

     

    How would you introduce yourself to our readers?

    I am a lawyer practicing in the High Court of Gujarat. I graduated from Gujarat National Law University in 2009 and got enrolled in the Bar. I practiced Law for a year and then went to London in 2010 to pursue my Masters in Corporate and Commercial Law from Queen Mary University of London. I completed my Masters in 2011 and came back to join litigation. It has been five years since I began my journey as a Lawyer and ten years since I joined Gujarat National Law University and I am going to share with you my vivid and some not so vivid experiences in the Legal Profession. I do belong to the Family of Lawyers for it runs in my blood since three generations.

     

    How were the formative years of your schooling?

    Formative years of my schooling were similar to that of an average guy less interested in studies and more interested in everything else than studies. I was always interested in sports and used to play cricket for my school. I had opted for Science in Higher Secondary and it turned out to be the greatest challenge of my life. Though I could not pass out with flying colours, with the marks that I got in my 12th Standard, my life surely started looking Black and White with Graduation in Arts the only formidable option.

     

    Why did you choose law as a career?

    I believe it was more by chance then by choice that I got into the Legal Profession. While I was still considering the few options that I had, I decided to go to Courts and spent a day observing what my father did for a living. He took me to the Court. Without understanding anything about law I was certainly lost in this Fort like High Court of Gujarat. I saw my father presenting a matter before the Judge and that point I thought to myself that it is the easiest thing to do in this world (I did not knew then how wrong I would be proved later). So that was it by the stroke of that midnight hour I did have the tryst with destiny and I started considering myself to be a lawyer. Fortunately GNLU started in 2004 and as it was at its nascent stage somehow by god’s grace I cleared the entrance examination got myself admitted and then there was no looking back.

     

    Tell us about your years in law school.

    Being the first batch of GNLU everything about it was exciting. Being the first batch there were no seniors and therefore no one to help if you end up at the wrong place doing the wrong things. But we managed and we learnt from our own mistakes. Fortunately for us we had some great faculties and teachers who really inspired us to learn law and made our academic life interesting. Learning the Law is not just about sitting in class and attending lectures, it is not just reading the provisions and rules it is much more than that. It requires an interdisciplinary approach and a constant aptitude for learning. It requires asking questions and finding answers. GNLU provided us that platform where we could build a strong foundation. Law School is all about acquiring the correct skills required for the Legal Profession. It is about investing your valuable time in the right direction. GNLU focussed on research and that immensely helped us in improving our research skills. With internships ranging from NGO’s to Law Firms to Courts and International Organisations being part of the curriculum it truly helped in gaining the first hand experience of the Legal Profession. Internships should be done very seriously as it can open up lot of avenues for the students.

    Time at law school should not just be restricted to academics and studies. One has to find time for extracurricular and cultural/other activities for it helps in developing the overall personality which is very important in today’s competitive market.

     

    When did you decide to pursue Masters?

    I decided in my last year at GNLU that I would still like to pursue higher studies before getting into full time litigation. When I graduated in 2009 I did start asking lawyers in the High Court that whether an LL.M from Foreign University would be helpful in Litigation. Majority of them said it would be a waste of time and money and you would lose a valuable year in Litigation. I then asked few lawyers who had been to foreign Universities for higher studies and they motivated me to go and pursue masters from Foreign University. Despite of all adversities I was firm of pursuing my academic interests.

    My reason for studying abroad was both personal and professional requirement plus LL.M in UK is a one year program whereas in India it was two years at that point in time. Arbitration was one subject which I was really keen on studying and therefore considering that London being the hub of Arbitration I decided on doing my Masters in a University located in London.

     

    How important are grades for an illustrious LL.M degree? What is more important for a successful candidature: grades or work experience?

    Grades are most important for getting admission in a reputed University abroad. You need to have a distinguished academic career to be placed in the top Universities abroad. They require you to have a good academic record but good internships and recommendation letters do help. Work experience is not a requirement for Universities but I would certainly recommend students to work for few years, gain considerable knowledge of the subject in which they want to pursue masters and then apply to universities for further studies. Experience helps a lot and it makes more sense to go abroad after having a few years work experience. LL.M programs in Universities abroad are basically structured to cater the needs of foreign students and therefore experience of few years really helps a lot as most of the students coming from other countries have around three to four years working experience. Therefore having work experience prior to going abroad would be certainly beneficial.

     

    Can you tell our readers about how you shortlisted universities for your masters?

    The first and foremost thing to do is to know in which subject you want to pursue your masters. The Universities abroad give a wide range of subjects which one can choose and therefore depending on which area of law one needs to specialise accordingly you must decide the University. I was very keen on specialising in Arbitration laws and therefore I chose Queen Mary University of London as it has the best faculties in UK for Arbitration. School of Arbitration in QMUL has an excellent program for LLM which is considered better than KCL, UCL as well as LSE and therefore I chose QMUL over other Universities. One has to do a preliminary research and be sure where he wants to study and in which subjects depending on that they must apply to Universities. Application procedure is simple and that the Universities websites provides all the necessary details regarding the same. But one must start this entire exercise one year in advance.

     

    Tell us about your time at Queen Mary.

    What happens in Queen Mary stays in Queen Mary (jokes apart) but yes I will surely share my academic experience. My time at QMUL was truly enriching and enlightening. I was exposed to 500 other students who had come to pursue LL.M from more than 100 countries. It took one week to get introduced to each other. From graduates to people having more than 10 years experience in top law firms to some having their own firms in different countries were my batch mates. With one year experience in Litigation I tried my best to match to them and to adjust to such an intellectual environment surely took a toll but after meeting fellow Indians I knew I was not alone (no offence meant). The first few weeks are popularly known as shopping weeks where we are allowed to attend all the classes ranging more than 100 subjects of law starting from Arbitration to Banking to Copyright to Design, Finance and you name it. Out of all the varied modules that were offered we had to choose 4 modules which was again a hell of a task. Having worked for more than a year, again attending classes and going to college did seem a task but by the end of the first month it all sinked in and I found the new educational system quite suited to my expectations and I got a lot of time for myself where I had the luxury to read and study the subjects I was interested in. Honestly I did not want academic pressure as I wanted to have the freedom to choose what interested me and I got the perfect academic environment. Being in QMUL you get the access to the Institute of Advanced Legal Studies (IALS) which has the best library in the World.

    Having 4 classes to attend in a week it didn’t seem much of a pressure initially and having just moved in to a city like London you need free time to know the city (it is very important). I really enjoyed the tutorial system where for a batch of 10 students there is one tutor with whom you do lot of case studies. It was unique in the sense that you get so many different perspectives from students coming from different jurisdiction and it was truly enriching in every possible manner. It was a different reality and one must surely experience it. If today someone asks me for my advice on studying abroad I would definitely recommend that, provided you make the most of it.

    QMUL Campus is like a lively city within the University. Students Union is one of the most powerful Unions in UK and is bustling with so many activities. From volunteering to learning different languages to teaching to sightseeing everything you need you get it. It is so well connected to all the Universities and colleges and you get the chance to interact with people from so many nationalities. Living in the University accommodation has many advantages though it might be bit expensive but it is definitely worth it. Socialising and communication is a very important aspect of the program it helps tremendously in our profession.

     

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    While pursuing LL.M could you intern at any firm in London?

    Yes I did get a chance to participate in many other activities happening in London and around the campus. I did attend a study tour to Brussels to visit the European Union and its parliament and to visit the International Court of Justice in Hague as well as the International Criminal Court and did get to see the proceedings going at the court. There are opportunities to intern during the course but one has to choose the timings wisely as it should not end up affecting your classes and tutorials.

     

    How did your appointment at Mark and Co. Solicitors take place?

    I would say I got lucky to get an appointment at Mark & Co. Solicitors. I happened to meet the partner of the firm at the airport through a common friend. We stuck a good chord and that was it. I had the opportunity to work in a Law Firm in London. I worked there for a few months before I decided that I want to get back to litigation in India. Mark & Co. had a lot of NRI clients, it dealt with a lot of property issues. One important aspect of firms in UK and lawyers in particular is that they certainly want to avoid litigation and going to courts would be the last option. It certainly is very different from our approach as we want every possible dispute or no dispute to go to courts for adjudication. I could not resist the charm of being in Litigation in India and I decided I wanted to get back in Gujarat High Court.

     

    What influenced your decision to work in the litigation sector?

    Though I did work in a Leading Law firm in Gujarat for a year and I am still associated with it but I purely deal with Litigation. I tried to do both but Non-lit corporate work is not my cup of tea. I like to be a part of all the action that is going on in the Courts. Being in litigation should not be treated like being in a job. It is surely not an employment it is much more than that. One requires a lot of perseverance and patience along with passion to do well in litigation.

     

     Is it better to work in the corporate sector for a few years before starting litigation?

    Certainly corporate jobs are much more lucrative and why shouldn’t a student prefer it over litigation? Being in litigation is a very tough decision to make and to survive in litigation is even tougher. One has to devote himself completely to do well in litigation knowing that it does not pay well in the initial years. My first salary was Rs. 2500/-pm. I do not want to discourage students from entering litigation but it has to be a very conscious and well thought decision. One needs to be absolutely sure to be in litigation. Litigation is something that you need to learn from scratch. Learning the law and practicing law are at different ends of the spectrum. It requires completely different set of skills and temperament which comes only through experience. Real court room is completely different from moot court rooms. Being a good mooter to becoming a good litigating lawyer is a different ball game altogether.

     

    What can the law schools do to encourage more people into litigation?

    Law Schools have made their purpose to encourage students to get into Corporate Sector. The purpose of Law Schools should be to make students good litigating lawyers. It does require a paradigm shift in its approach. Students are taught to run after big packages and plush offices and it certainly takes away the cream into non-lit sector. Students need to be taught how to survive in Litigation and how to do well in it. If they are encouraged to be in litigation they can surely do well.

     

    What were the difficulties you faced in the early days of your practice?

    Even after five years I still feel I am in the early days of my practice. Every day is a new learning day. Coming from a family of lawyers surely helps at the entry point. You do get guidance and work but then you have to build it on your own. I did face lot of challenges in understanding the procedures and functioning of the courts and the registry. From extracting the relevant information from clients to filing of the petition is a long drawn process, presenting the matter comes last. One has to know this nitty gritty of filing a case and availing the right remedy in law before hand. Getting the eye for details and getting to the crux of the matter is very important and it comes gradually. Sitting in Court and observing the proceedings is a must in the initial years. Presenting the matter before the court is also an art which requires a lot of training and experience. Many times after arguing I felt that I should have said this or said that or I missed to show the important facts or law on that matter. Litigation is full of challenges and I have faced some very tough times in court. Fortunately I have had good mentors and the seniors in the Gujarat High Courts are very supportive and helpful. To sum it up my five years experience in the High Court has been very satisfying. Though small but I have had some significant moments in my career, Senior Judge of the High Court was so impressed with my arguments in one matter that he went on to record it in the order although I lost the case but that went a long way to build some reputation. Few judgments where I appeared got reported in law journals and in few, law was settled.

     

    What would be your message to law students who wish to start their own litigation practice?

    There is no short-cut to hard work, no over-night success stories in this profession. You have to build your career slowly and steadily. Choose a good senior and prove your mettle to him. Figure out your strengths and start working on your weaknesses. Acquire the correct set of skills required and keep on improving them. Read and be up-to-date with judgments. Prepare thoroughly. Be humble and never forget you are in a noble profession. Work ethically and wait for the right opportunities. Remember what my senior always told me “Don’t just strive to become a successful lawyer strive to become an eminent lawyer”.

     

  • Rahul Bajaj, Undergraduate Student, Nagpur University, on being an Indian Delegate to Harvard, battling visual impairment, and braving all odds

    Rahul Bajaj, Undergraduate Student, Nagpur University, on being an Indian Delegate to Harvard, battling visual impairment, and braving all odds

    Rahul Bajaj is currently studying at  Dr. Babasaheb Ambedkar College of Law, Nagpur. Rahul interned with us for sometime, and he did exceptionally well. He is visually impaired from birth. Rahul scored 97 per cent in Class X and 95 per cent in Class XII, for which he was awarded the Dhirubhai Ambani Scholarship from Reliance Foundation and another scholarship from the Director of Higher Education, Govt. of Maharashtra.

    In this interview we speak to him about:

    • Braving the odds
    • His connection with Harvard Law School as an Indian Delegate and a student of HarvardX outreach program.
    • Future plans regarding his career

     

    How would you like to introduce yourself to our readers?

    I am a nineten-year-old law student and am currently in the second year of my law course at Nagpur University. I also happen to be blind since birth, with a rare retinal condition called Leber’s Congenital Amaurosis (yes, that’s quite a mouthful).
    I studied in a mainstream school and junior college in my hometown, Nagpur. I enjoy reading books, learning new languages, travelling and learning about different cultures.

     

    Why did you decide to study law? What were other options you were considering?

    As I am blind since birth, I realized the importance of self-advocacy at a very early age. And, once you learn to advocate for yourself, the logical thing to do after that is to learn to advocate for others. After my 10th board exams, like most other students, I began seriously considering my future options. I belong to a family of doctors – everyone in my family is, or wants to be, a doctor. I have always admired doctors but have never wanted to be one myself (ironic much?). I opted for the commerce stream in junior college; most of my friends were planning to pursue the chartered accountancy course and many people persuaded me to do the same. However, nothing appealed to me the way the legal profession did – I have always been fascinated by the power of the law to empower even the most powerless.

     

    What kind of study schedule do you follow?

    This might sound cliché, but I have always believed in maintaining consistency. Therefore, I generally allocate a few hours every day for studying. If you study regularly in a diligent manner, you can do very well in academics. I cannot emphasize enough the importance of maintaining a healthy balance between one’s academic and other pursuits; I don’t see any point in excelling in academics to the exclusion of all else. In fact, one of the primary reasons why I decided not to study in a national law school was because I believe that most national law schools, notwithstanding their brilliance, stifle creativity and do not allow students to focus on other things apart from figuring out how to stay in the rat race.

     

    How do you organise the entire activity of learning something, producing academic content and preparing for exams?

    I use an application known as a screen reader on my computer – a screen reader reads aloud the text that is given on the screen in a human-like voice. I scan all my study material onto my computer and then read it with a screen reader, so I highly rely on assistive technology. In addition, we have appointed two readers who read the study material to me and even help me to learn it.

     

    How do you write exams?

    I write all my exams with the help of a scribe who reads out the questions to me and writes the answers as per my instructions. Normally, I have to take several mock tests with the writer in order to build good coordination. As this is an arduous process, I get twenty minutes per hour extra for solving all my papers.

     

    As a visually impaired student, do you come across additional challenges, while studying in law school?

    Yes, I do have to encounter myriad challenges. Blindness permeates everything that I do, so it is always a force to be reckoned with. My uniform experience has taught me that the biggest challenge is dealing with the attitudes of those who believe that blind people are mere objects of charity and sympathy. People often have a fixed mindset, and it is very hard to convince such people that I can compete on a footing of equality with others. Lack of access to study material in an accessible format, finding a good writer for writing my exams and lack of access to important material for preparing for moot court competitions, research paper competitions, etc are some of the biggest challenges. The challenges are not just limited to law school, but also extend to other professional and social settings. During my internships, for example, I am always the elephant in the room, at least for the first few days. Most people do not have any past experience of interacting with a visually impaired person, so they do not know how they should engage with me. As a result, despite your best efforts, you do sometimes stick out like a sore thumb. That being said, I have generally had very positive experiences and have realized that people are more than happy to make reasonable accommodations if you tell them what you precisely require.

     

    Did you find the legal education system in general and your college in specific to be sensitive to the needs of the visually impaired students?

    All my professors have always been very supportive and encouraging; they always try to help me in whatever way they can. Forgive me for my lack of modesty, but I am mindful of the fact that this can also be attributed to a large extent to my good academic record. It is difficult for an average disabled student to thrive without asserting his/her needs. A lot still needs to be done to make legal education more accessible to the disabled in India.

     

    Would you encourage visually impaired high school students to pursue law?

    Law can certainly be a great profession for a visually impaired person, but I wouldn’t advise anyone to go for law just because he/she is visually impaired. My approach has always been to first decide what I want to do and then to figure out how to deal with the challenges that my visual impairment entails. This approach, in my view, is better than doing something just because it would be comparatively easier for a visually impaired person.
    That being said, if you are genuinely interested in the field of law, you should definitely go for it! I earnestly believe that the battle to compete in a world which has largely been designed to cater to the needs of the sighted greatly enhances our problem solving skills and the ability to think out of the box and every lawyer needs to have these skills in order to succeed in this profession. Moreover, like have I said before, as a visually impaired person, you do always stand out whether you like it or not. This can be a blessing in disguise, as it affords you an opportunity to change people’s perceptions, forge good friendships and above all, it allows you to have a more enriching experience than an ordinary student.

     

    How can other visually impaired students increase their academic performance?

    The most important thing is to learn to believe that you are not a blind student, but a competent and intelligent student who happens to be blind. In other words, you should not allow your disability to define you. It is also essential to set high goals – if you have mediocre goals, you will only end up being mediocre. The society generally has very low expectations from visually impaired students and visually impaired students often end up inadvertently internalizing these messages. You have to wholeheartedly believe that you can achieve anything that you set your mind to. I know that this is easier said than done and I sometimes still struggle to maintain this level of self belief, but you have to try. As T.S. Eliot once said, “Only those who will risk going too far can possibly find out how far one can go.”
    Contacting other visually impaired people in India and abroad who have excelled in the same course is another useful way to learn many small but significant things. Once you find out that there are other people who have overcome similar hurdles, you realize that you can do it, too.

     

    You are a Delegate at The Harvard Project for Asian and International Relations. Please tell our readers about it.

    The Harvard Project for Asian and International Relations, or HPAIR as it is popularly known, is a conference conducted by Harvard University which seeks to bring together roughly 500 delegates from all Asian countries to discuss contemporary socio-economic challenges relevant to the Asia-Pacific region. The conference is conducted twice a year – once at Harvard University and once in an Asian country. The conference for which I have been selected will be conducted in Tokyo in August.

     

    How did you become a delegate for this Harvard project?

    Actually, a couple of my friends attended the last HPAIR conference and told me that it was an amazing experience. So, I decided to test my luck and applied for the Tokyo conference. Much to my surprise, I got selected for the interview, which was conducted over Skype, and, the rest, as they say, is history. On another note, the application window for the Tokyo conference is still open. Those who are interested in applying for the conference should go to hpair.org.

     

    You have also been selected for a Copyright Law programme by Harvard Law School. How did this happen?

    Harvard Law School, through its HarvardX initiative for distance education, conducts an online course on copyright law every spring. Around 525 students are selected from across the globe for this course. One striking feature which sets this course apart is the fact that all the students are divided into 21 sections, and each section, roughly consisting of 25 students, has weekly online meetings and discussions. Personally speaking, this is certainly the most intellectually stimulating course that I have attended so far. The course not only allows you to learn copyright law from the best in the business, but also affords you an opportunity to acquire a deeper understanding of what it actually means to study at Harvard Law School, which is something that I have always dreamt of doing.

     

    What are your future career plans?

    My aim is to work as a transactional lawyer after completing my education. I would like to work in a Magic Circle firm in the U.K. or in a Tier-1 law firm in India. The main reason for the choice is that transactional lawyers are able to prevent disputes from occurring, whereas litigating lawyers essentially have to prevent an already bad situation from getting worse, so I believe that this would suit my personality well.

     

    What message would you like to share with our readers?

    We all have our unique flaws – some are more apparent than others. So, we should learn to appreciate and celebrate diversity instead of cringing away from someone who is not like us. However, you can learn to appreciate someone else’s flaws only once you learn to accept your own flaws. You should never stop believing in yourself, because if you don’t back yourself, who will?

  • Ketan Mukhija, Senior VP, SREI Ifrastructure Finance, on working at Herbert Smith, and his diverse experience

    Ketan Mukhija, Senior VP, SREI Ifrastructure Finance, on working at Herbert Smith, and his diverse experience

    Ketan Mukhija had graduated from NALSAR, Hyderabad in 2007. He was the first person from his batch to get placed in a foreign law firm: Herbert Smith. Thereafter, he returned to India and worked as a Principal Associate in a leading law firm for almost two years. At present, he works as the Senior Vice President of SREI Infrastructure Finance Limited, one of the largest Infrastructure Financing firms in India.

    Having a niche in the Corporate Sector and Capital Markets, we asked him about:

    • Internships which propelled him in his career.
    • Work at Herbert Smith and at foreign law firms.
    • Responsibilities at SREI, and various internship opportunities.

     

    How would you introduce yourself to our readers who are mainly young and enthusiastic lawyers?

    Proliferation of knowledge encompasses an idea of disseminating information what we have gained at the platform where young, deft brains converge. They say that an idea is short-lived if it is bounded. The world has set itself to reap benefits of the knowledge economy, and thus, ideas need to be spread. After all, an informed judgment speaks a lot about itself. I am inclined to place this term somewhere between suspended judgment and premature judgment. The synchronization of radical and traditional approaches in judgments and intentions need to be put under the lens. Also, adopting a multi-disciplinary approach in tackling with problems requires thoroughly researched and genuine arguments. So, originality and innovation would be the key words, and meticulousness always pays. Little things make perfection, and perfection in itself is a very big thing. And once the leader, be a person who knows the way, shows the way and goes the way!

    I have consistently believed and acted in sync with the above and attempted my bit to balance the interests of academic and extra-curricular activities through effective time management and meticulous planning, and will strive and continue to chart the same path.

     

    Tell us about your life before law school.

    At school, I scored high marks throughout my academic career and managed to position myself among the top three in class. I secured the third rank All-India in my Intermediate Board Examination as also in my Tenth Board Examination. During the final two years in school, I was awarded the Best All Rounder award consecutively. I was the General Captain during my final year at school, and led the school football and swimming teams in a host of District and State Tournaments. Apart from sports and curricular activities, I have consistently and actively participated in literary and debating activities.

    There are no lawyers in my immediate or extended family; and a career in the legal field, honestly, happened to me more as a matter of chance than choice!

     

    What inclined you towards the field of legal education?

    I had a good academic record in school, and being ambitious enough, I have always wanted to make it big in my professional career, through healthy competition, commitment and integrity of character. We know that in any sphere, there are valuable human, economic, social, physical, natural, cultural, and institutional assets that can be leveraged for vitalization efforts. What ties competitive advantage and these assets together is one’s entrepreneurial drive. Our preference is to think of a pyramid, where the most efforts and resources should be spent at the base, on entrepreneurship, creating an environment of encouragement and support for initiative and creativity; this, in turn, improves the ability of people and communities to retain and expand existing structures; which in turn makes the same regions and communities attractive to incoming businesses and investments.

    The cohesive element in the entire process always being in a good team working and perfectionist attitude, which I feel I am endowed with. Such and other characteristics are well rewarded in the legal profession!

     

    How instrumental was NALSAR in nurturing your legal career?

    While at NALSAR, I held the position of the Editor-in-Chief of The EDICT, a reputed student-managed law publication. I also availed an opportunity to pursue studies for a semester at the University of Western Ontario, Canada, as part of the Academic Exchange Programme, based on my academic performance. I was further awarded academic scholarships instituted by NALSAR for three years consecutively, on the basis of merit. I attended the Summer Session of Private International Law course on a scholarship basis, conducted by The Hague Academy of International Law, Netherlands. I also held the position of the Convenor of Centre of Environmental Studies.

    These, and various other avenues that NALSAR conferred on me and threw open, clearly aided proliferation of diverse rational thought and its advocacy, sculpturing informed judgment. In a word, I rarely had an opinion earlier about several facts and facets, now I do – for a way or the other !

     

    Which ingredients of your college life moved to such a superlative position?

    There is quarrel, loyalty, workmanship, indifference, maturity, seclusion, and an effective adhesive for these is leadership. That there is an inevitable growth of human mind in the positive direction, may not always be true. And hence, it becomes essential that enthusiasm of team members is consistently maintained. Hence, an aspirant with a high degree of motivation but low in ability may, at times, be placed higher than a counterpart with lower degree of motivation and higher ability.

    I was encountered with numerous instances while at the law school, when I was benefited from the aforesaid line of thought ! Prolonged argumentation, brilliant infrastructure and educational ambiance, coupled with all possible avenues to release one’s capacities, develop analytical abilities and confidence, goal setting and also achieving core competencies – NALSAR did inspire awe and discipline from all of us.

     

    What are your thoughts on activities like mooting and article writing for journals?

    I believe mooting is an extremely rigorous activity which on the one hand teaches the mooter research skills and the techniques to draft and present legal arguments, while on the other hand also inculcates essential public speaking skills, court craft, and the ability to strengthen one’s written case with oratorical skills. This may however, not be as easy as it appears. An in-depth research on the subject matter and the applicable laws gives a student the requisite understanding which enables him or her to frame arguments and present them in a manner that shall convince a judge to understand those. This is where one needs to realize that a moot court competition is not about a monologue, but a comprehensive dialogue between the bench and the advocate/counsel to understand the issues and arrive at inferences wherein the advocate serves as an advisor to the court and educate the judges about the case.

    A lawyer, whatever be his area of work, must know where the law is and how to find it out. He also must have the capacity to undertake the rigour of research.  He has to have a comprehensive knowledge of substantive law and legal theories, in order to quickly appreciate the legal point of view. And that’s where the art of writing pieces and stories for journals and newsletters comes in handy !

     

    Tell us about your internships.

    Law Firms: I have been exposed to the functioning of some of India’s leading corporate firms, and had first-hand experience of conferences with Senior Counsels, concerning important corporate matters, and also both transactional and advisory of significant importance in the contemporary corporate/ financial marketplace.

    Government Authorities: I was also exposed to working of the premiere law authorities like the Law Commission, wherein I worked on various topics relevant to global economic and business trends.

    Think Tanks: During my internship with Centre of Civil Society, I gained experience not only in real life application of economic, political, and social theories and principles, but also honed up my skills of research, analysis, and writing.

    Others: I have done a judicial clerkship under Hon’ble Dr. Justice A.R. Lakshmanan, Supreme Court of India, during which I observed proceedings in important matters in the Apex Court of India. I also worked as a trainee lawyer under Mr. K.T.S. Tulsi, Sr. Advocate, where I gained considerable experience in the drafting and filing work with respect to matters pending adjudication. I further worked with Mr. Sushant Kumar, Advocate in the High Court of Delhi, and Mr. K.L. Saraswat, Advocate, Agra District Court, during which time I was exposed to functioning of trial courts, the process of institution of suits, the examination/ cross-examination of witnesses, arguments, along with the enforcement of decrees, etc.

    All the above experiences and more taught me to be adaptive and acquire a flexible bent of mind, thus, helping me to perform above expectations in odd situations that one is confronted with. At the same time, I can conveniently locate my focus in business and commerce, which have continued to fascinate me till date.

     

    Could you share with us the series of events that took place before your appointment at Herbert Smith?

    It all started in the campus placements at NALSAR. I was the first one in my batch to get through a foreign law firm. During the second semester of my fourth year, I filled in the application form for Herbert Smith. Once the application form was selected , I was asked to take an online test and once I cleared the online test, I was called for an interview in London and that’s how the appointment took place.

     

    Could you throw some light upon your experience at Herbert Smith?

    At Herbert Smith, I was in the equity capital market division so my basic work revolved around alternative investment market and London stock exchange listing. I took care of a lot of big transactions in the capital market. Indian Law firms are different from foreign law firms in a lot of aspects starting with their strength. Foreign Law Firms have huge setups, say, for example, any law firm in U.K has around 700-800 lawyers working in the same building ,whereas, in India, a tier I law firm would have a maximum strength of around  200 lawyers. Another very important factor where the foreign law firms are different from their Indian counterparts is that they are super specialized. Say, for example, a firm has a Labour Law department; there will be different sections in that department like the Pension fund department, contract labour department, employment department. But, in India, the law firms are not that super specialized, and there are mostly general sectors in every firm, like the General corporate sector or a general capital market sector. When I was in London, I had a focussed work experience but when I started working in India, I had a more general experience which is good in a way because it is more comprehensive. Foreign Law firms are very formal and structured but in India you have the scope of creativity to deal with not so sophisticated clients.

     

    The proposition of litigation taking the backseat when law firms come as a choice, seems to be the general notion. What is your take on it?

    I am reminded of an excerpt from the Law Commission Report on Reform of Judicial Administration. Although, published in 1958, it articulated the conditions of legal profession quite harshly, the products of which were “…a plethora of LL.B., half-baked lawyers, who do not know even the elements of law and who are let loose upon society as drones and parasites in different parts of the country.”

    Yes, there was a period when law firms constituted the priority choice among graduating law students but I note that the trends have been constantly changing and more budding lawyers are taking up a career in litigation and even starting their independent practices. After all, the legal system is essentially a multi-disciplined, multi-purpose one that can develop the human resources and idealism needed to strengthen the polity as a whole.

     

    How do you manage the workload and your personal life?

    Well, I have consistently followed global economic trends and have found tremendous interest in the same. It is important that your workplace not only provides a competitive environment, but also a challenging atmosphere for your growth and development as a professional. Thankfully, I have been lucky in this regard and I plan to continue and contribute my best in whatever tasks I am entrusted with. The key lies in not letting your Mondays be dreary, enjoying your work and aligning your incentives with that of the organization that you work for ! Having said this, I do not believe in putting large number of hours, rather investing quality intensive deep-dived hours to effectively achieve headway and closures on the tasks that I handle.

     

    What does your role as Senior VP entail?

    My role at SREI is to understand all the contracts, and also structuring deals without much negotiations and obstacles from the other side, to make sure that we do not end up in trouble later on. It is a much more responsible role. I come from a law firm background and this is altogether a different experience. While you are with a law firm, you are only dealing with the legal side of the work but here at SREI, it is an intermingling with the commercial side. Here we don’t have external clients; the client is our own commercial team, our own project team, our own investment team, and we are catering to the business, so here you need to know the commercial logic and the business theory and you have to add value to it. The idea is not just to cut down the costs, but is to streamline and rationalize the entire system so that it works in a way that it increases the synergy. You have to work very closely with the business, technical and commercial teams.

     

    Does SREI take legal interns?

    Yes, the firm takes a lot of interns. We have a full fledged HR department which takes care of the internship process. The application gets vetted in the HR department there and then, depending on the needs of the firm and the competencies of the intern, we put the legal intern in the required department.

     

    Where do you see yourselves ten years down the line?

    At the moment, I am very happy with the work I am currently doing; the reason being that it is much more educative and we are trying to get into a lot of managerial work and responsibilities. Couple of years down the line, I probably find myself working in the same company, doing much more responsible work. Regarding higher studies I feel that being in the field teaches you much more than actually studying somewhere. I’ll rather be in the market and learn from my own experiences.

     

    Last but not the least, what would be your message for law students?

    I have always believed that everything worth achieving in life can be reached only through hard work and diligent effort, and that great things are possible if necessary steps are taken and no stone is left unturned. Typically, the successful people are hard-working and/or inherently smart – belonging to the former certainly constitutes a matter of volition and willingness, so there!

  • Srirang Sapre, Law Graduate, GNLU, on maintaining CGPA and getting a PPO from AMSS

    Srirang Sapre, Law Graduate, GNLU, on maintaining CGPA and getting a PPO from AMSS

    Srirang Sapre is a student of GNLU, batch of 2015. During his time as an undergraduate, he has interned with the likes of AMSS, Wadia Ghandy & Co., Jani & Co., Y J Trivedi & Co., among others . He has received a pre-placement offer from AMSS.

    In this interview we talk to him about:

    • Maintaining a good CGPA and building a CV
    • Working diligently and receiving a callback
    • Sailing through the interview and getting a PPO from AMSS

     

    Tell us about your pre-college life. Did you have lawyers in your family?

    I was lucky to be born and brought in the beautiful city of Ahmedabad. I did my schooling from Best Higher Secondary School, Maninagar, Ahmedabad. I being from a school which had always pressed on academics and extra-curricular activities equally made it easier in later years for me because I was competent to handle both academics and extra-curricular activities together. As far as having a law background goes I have none. I am the only one in my family to have chosen a career in law.

     

    Should scores of SSC and HSC affect your decision to take up law course?

    Personally, I do not think percentage scored in SSC and HSC should have any bearing on decision of getting into a law course. Getting into law only requires you to have a brain that can think logically and rationally. Apart from that you need to have the dedication and should be willing to work really hard to achieve your goals, that is I think what you should look for when you think about pursuing a career in law. I don’t think there is much of an edge for students having Commerce background or Science or Humanities. But every once in a while I have found myself to getting hang of few topics taught in law school better and faster because the basic concepts of Commerce grasped in my 10+2 education were strong. Further if you are interested in Corporate Law or taking up Company Secretary Course I think having Commerce background will help a lot.

    How should a fresher go about his initial journey in a law school?

    When you step into National Law University as a fresher it’s a start of a whole new chapter in your life. It is a bittersweet moment because you are happy that you cracked the CLAT and terrified that others around you have done the same too and that to may be with better scores. But you soon get used to this new world and its rules. Also be very cautious while choosing your peer group as in a Law School getting carried away or swayed is easy. Friends are very important during your journey here. Some of those friends will be for life.

     

    How should one prepare for continuous evaluations and end semester examinations?

    Doing smart work is more important and not hard work. One should always bear in mind that there is no straight-jacket formula to go about all subjects offered in a particular semester. You need to think on your feet and assess as to what all is required by the subject and what all points does the faculty expect from students to be covered in the answer. I also recommend group study since it is beneficial in a few law subjects which have vast syllabus and it is not always possible to complete every bit of it single-handedly. Scoring consistently well is extremely important. It should not be a one-semester-show but that also does not mean you need to top every semester, you just have to maintain your average and strive to make it better and better as you make your progress in the law school.

     

     

    How important is it to get published in order to build a CV?

    I think to having an all round CV is very important. A couple of articles published in reputed journals/newsletter/websites will take you a long way. All articles can have something to do with any of the various law subjects that you study. However if you want you can also try to streamline your C.V. in a particular direction by writing on similar areas of law. I for one have written on very diverse topics ranging from entrepreneurship to anti-piracy. So to sum it up I feel that getting “articles” published and not just “legal articles” will help in the long run. This shall also help you to achieve command over English language which is like inevitably important in legal profession.

     

    You have been a member of multiple committees while in law school. Do you think these enhanced your skill-sets?

    It is important to lay strong foundation to aid your progress in crucial final years. According to me being a member is various committees is equally important along with constant focus on academics. There are many on-field experiences and instances which makes every committee I have joined a memorable experience for me. Instead of giving specific occasions as to where it helped me I would rather state that it has immensely helped me to develop my overall personality especially on social front. Also the level of exposure that you get while working in each of these committees is superb. Lastly, it is again a matter of choice you may stick to certain committee(s) or join no committee at all but personally I think positions of responsibility adds considerable credit and weightage to the C.V. which recruiters do look at as well.

     

    Can you tell us about your internship experience?

    (Srirang has interned with top tier firms such as Udwadia Udeshi, Amarchand, Wadia Gandhy.)

    Frankly speaking, coming from non-legal background it was quite a herculean task for me to secure such internships. Going to any of these firms before III year is not that productive both for the firm and the student since you are still learning commercial laws and are not aware of its intricate topics and hence once I was done with my sixth Semester I started applying personally via emails and following up on status of the application via calls. However it becomes simpler to secure internship in your IV and V year since Internship and Placement Division (IPSD) at GNLU takes up the task of placing students at various firms and I am extremely thankful to IPSD for facilitating me in securing internship at these top-tier firms that eventually culminated into a PPO from AMSS, Mumbai.

     

    Did your law school education find relevance with the kind of work you were required to do at law firms?

    I was lucky to have seniors to help me plan my internships and other things from time to time. But, I was clear on one thing that I will not just sit idle in any of the breaks and hence made all efforts to secure some or other internship. One should be ready to intern at middle and local firms too, trust me your get to learn a lot. Law school education did help me to start off my work in the law firms but I certainly think many practical aspects can be brought in the syllabus or the teaching methodology across all the NLUs. By that I mean to say for an instance while teaching the transfer of property act some aspects of stamp duty calculation etc can be also made known to the students. However the notes that I used to take down in the class came very handy when I was given a completely new topic to research on. So yes law school education is the first step to the research accomplishment ladder and then it depends on person to person to dig deeper.

     

    What kind of work did you have to do during your internships?

    Since I started off with an NGO internship, a property law firm and then went onto intern at top tier firms of India that itself reflects that I had excellent opportunities’ coming my way to work on diverse topics such as alternative dispute resolution laws, property law, admiralty law, state specific statutes and of course corporate law to name a few. Well, as far as memorable moments goes highlighting a couple of moments would render others as less memorable and cause injustice too hence every internship that I undertook had memorable moments as each day I got to learn something new of which I was absolutely clueless until just the  night before.

     

    Have you ever seriously considered engaging in pro-bono humanitarian work?

    Yes. When you get into this one of the most glamorous, challenging and powerful profession and dream of yourself getting close to most prominent lawyers, honorable judges and social activists who fight for making India a better place to live  such a thought  would naturally cross your mind/ and I am  no different. I got this very good opportunity to work on something unique and i.e. framing guidelines for food waste management which is currently very serious issues at global and national level as well. I think if this problem is curbed then social evils like poverty, starvation, malnutrition can be reduced greatly and that shall eventually raise India’s HDI. I do wish to continue giving back to the society in whatever way I can contribute in future also.

     

    Did you ever plan as a young law student to pursue any socially relevant legal work?

    Certainly I had thought about it and I did take a step by joining Legal Services Committee at GNLU which has been established to render legal assistance to the section of society which is uninformed about legal system or rights as the case may be. I did see ground-reality at villages around my hometown and such low levels of legal awareness existing there moved me. I did try and assist in the process as much as I could. Further, in future as well I look forward to making myself available for social work opportunities that come my way.

     

    What do you think an intern should accomplish in the course of their internship to get a “callback” or “PPO”?

    I was directly shortlisted for a PPO after my first internship itself at AMSS but I had received a call back at other firm where I interned in my third year hence the dynamics are pretty much the same but the difficulty level gets tougher and tougher as you intern in tier-one firms. For bagging a ‘call back’ or ‘PPO’ there is no simple formula since every single firm look out for different set of qualities in the interns that they select. Plus nowadays every firm has started conducting telephonic or VC interview in intern selection process hence it is very important for each of the applicant to be well-prepared and impress at the internship interview itself. Though I personally do not believe in the saying- “First impression is last impression” but yes first impression do have a lasting impression and hence it is  important and sometimes if you are not lucky enough circumstances might just not give you second chance, moreover an impressive first shot can do wonders for you. Nevertheless the qualities like punctuality, sincerity, humility, thinking on the feet attitude and last but not the least – being genuine (yes genuine not genius) will give you the upward thrust on your ladder to success.

     

    How important according to you are grades in securing a job?

    Who doesn’t love to score good marks? I guess each student prays to God when exams are around to bless him with good marks in the examination. I must confess I was obsessed to score better marks in every examination and I honestly think controlled obsession for good things always works in your favour and is sometimes necessary to promote healthy competition but you should never let it turn into jealously in case you don’t score well. I was fortunate enough that my efforts were suitably rewarded and I pulled up my average higher. CGPA is not the only parameter for securing the job but I won’t be wrong or unjustified to state it is a very important parameter. On the other side not being able to top is also not a lost affair there are ample of firms that look at consistency and not the always high going CGPA graph.

     

    Did you have to undergo an interview before securing your PPO?

    You have to undergo interview process and not just that, there might be other layers of shortlisting before one reaches the personal interview level. Tailoring your CV is an extremely important task for any candidate sitting for a firm interview. For interview you need to be thorough with every word printed on your CV and if you can answer any question from and on the basis of CV I think the game is pretty much on your side. Asking someone to take mock interviews also helps to get over nervousness. CV is a tool that will help you market yourself better just think of it as a brochure that describes/explains/markets you in the best manner possible .One small mistake or bluff on your CV can make you pay heavy cost and ruin four to five years of hard work in the interview room. Drafting CV is also an art as you need to make sure as to what firm is looking for and highlight those points in your CV.

     

    Lastly, what would be your message to our readers?

    My message would be that first learn the rules of the game. Remember that nothing is too BIG or too SMALL to be accomplished and ensure that whatever you do, you do it with all your heart or else all efforts would count for nothing. To conclude trust your guts. Maintain a good CGPA. Strive to be “Jack of all and master of one or more laws”.  There is no harm/shame in taking help of  your elders, seniors, batchmates and the faculty of course for any  turbulence. Be determined towards the goal and keep putting in cent percent efforts and success will certainly knock your door.

  • Tushar Kr. Biswas, Doctoral Candidate, NUJS, on getting published, and his passion for academia

    Tushar Kr. Biswas, Doctoral Candidate, NUJS, on getting published, and his passion for academia

    Tushar Kumar Biswas is presently a Ph.D candidate at West Bengal National University of Juridical Sciences, Kolkata. He has numerous books and publications to his name, he therefore speaks to us about the importance of research in a lawyer’s life. He tells us how to identify a field of law to write upon and how to go about the tough task of finding and chosing a publisher for your book.

    Key takeaways:

    • How to select area of interest before starting to write
    • How to choose a publisher for your book
    • Importance of co-authorship
    • Importance of publications in legal career

     

    How would you like to introduce yourself to our readers?

    I am a PhD Candidate at the West Bengal National University of Juridical Sciences, Kolkata. I have studied at the International Academy for the Arbitration Law, Paris and The Hague Academy of International Law, Netherlands (Private International Law session). I am a member of the Young International Council for Commercial Arbitration (ICCA) and the Young International Arbitration Group (YIAG). I am a former Visiting Fellow at the Jindal Global Law School, Haryana, NCR Delhi.

     

    Why did you want to study law?

    I do not have direct descendants who are lawyers as my father is a teacher and grandfather was a doctor by profession. One of our close family associates who is a renowned lawyer motivated me to study law. To be honest, when I started to study law, little I knew that the horizon of the legal profession is so vastly expanded and there are numbers of things one could do which perhaps may not be possible in other professions.

     

    What were your areas of interest during your graduation?

    During my graduation, I developed interest in number of areas such as human rights law, information technology law, constitutional law and international commercial arbitration. I kept on reading a lot in these areas and subsequently wrote a number of articles in various world reputed journals. What interested me more is the conflict dimension of various and seemingly divergent branches of law, whether we are talking about human rights or commercial law.

     

    Did you do any internship during your graduation? Did you receive any assistance regarding this from your college?

    Yes, I did a number of internships right from lawyers’ chambers to the legal department of a company. I got assistance from the University only once and the rest of the time I applied on my own and got through.

     

    What was your motivation behind doing an LL.M.?

    I have done my L.L.M primarily to gain more knowledge of some specific fields that were of interest to me. However, it was also at the back of my mind that opportunities follow from every higher degree. I knew that this would open up an avenue for getting into academia without jeopardising other opportunities. I also got to learn a lot about legal research tools and presentation techniques in a way that complemented the research and practice skills I had developed through prior studies and work experience.

     

    Tell us about the process of getting published.

    As a student, I gradually started to gain interest in legal writing and was successful in publishing some articles. I frequently used to visit Prof. D.N. Bannerjee (Founder-Chairman of Central Valuation Board) who first generated the idea of writing a book. We had planned to co-author a book on property law, but eventually I started writing on my own.

     

    When did you start writing? How much time did it take?

    I started writing the book during my L.L.M studies. It took more than three years of full time effort to complete the task.

     

    Please give us the highlights of your best work.

    I have written a ‘Guide book on Good Governance for Law Institutes in India’ pursuant to my long standing association with the Institutes of Rural Research and Development (IRRAD). I had the opportunity to publish articles in some of the world reputed law journals such as International Company and Commercial Law Review, Sweet & Maxwell, London; International Arbitration Law Review, Sweet & Maxwell, London; International Sports Law Review, Sweet & Maxwell, London; Asian Journal of International law; Asia-Pacific Journal on Human Rights and the Law, Martinus NIJHOFF Publishers, (Leiden-Boston); The Computer Law & Security Review – The International Journal of Technology Law and Practice (Elsevier); Commonwealth Law Bulletin, London, the flagship publication of the Legal and Constitutional Affairs Division (LCAD); Journal of Medicine and Law, World Association for Medical law (WAML), Israel; Computer and Telecommunications Law Review, Sweet and Maxwell, London.

    I also got invited to join the team of authors for ‘European Encyclopaedia of Private International Law’ and presently I am editing a book on ‘Arbitration Law from Comparative Perspectives’.

     

    How did publishing affect your legal career?

    A career in law is all about research (if I am allowed to say so). If one can establish oneself as a researcher by publishing quality writings, it surely will have a positive effect in securing jobs not only in academia but also in other fields. Having said that, I want to see a day when the question is reversed, young lawyers are asking the question will we be able to keep on writing if we get into the job? The value of legal research exists independently devoid of other considerations.

     

    How do you identify and decide on a topic or area of law to write on?

    The identification process varies. For writing an article, one may choose to look at the conflicting decisions of various courts/tribunals in any particular area or conflict in theories and even one may consider doing situation analysis. Some may choose to write in an area where already plenty of works have been done and there is still scope of development whether from a different angle or same angle. At the same time, once sufficient knowledge is acquired, one may go for inter-disciplinary research.

     

    Is it a good idea to find a co-author?

    It depends. If you find someone who operates in your field, you may choose to do so, but the co-author must have the same sense and same understanding about the intended work. These can prevent any potential conflict. At the same time, there are some inherent practical risks of having a co-author such as the free rider problem.

    I wrote this book alone. However, I would not mind working with a co-author in near future.

     

    How does one find a publisher, and at what stage of writing?

    That’s a very good question. Finding a good publisher and convincing that publisher about the whole work is perhaps one of the most difficult tasks, especially if you are an emerging writer or just beginning your writing activities. This is because, unlike an established writer, the publishing house and more importantly the targeted audience would probably not know you.

    In order to find an appropriate publisher, one needs to do some initial research. However, it is also judicious to keep in mind the best available alternatives because there may be situations where your priority may not work out. One can approach the publisher either before finishing writing or after the completion of writing. However, if you are an emerging writer, it is always advisable to approach the publishers before you finish writing to alleviate avoidable risks.

     

    How did you choose one publisher over another?

    Well, it depends primarily upon the field of law you are writing on. There are some publishers who operate only in some selective fields and others may be operating in multiple fields. For example, if you choose to write on ‘Arbitration Law’, then probably ‘Kluwer Law International’ is the best known name in the legal world. Similarly, if you write on some other area, there you may choose to find some other reputed publishers operating in that field. However, merely choosing the best publisher is not enough. What is important is to deliver quality writings in the targeted field.

     

    Is there any success mantra that you follow which you would like to share with our readers?

    Dedication and hard work matter. From the point of view of a writer or a legal researcher, it is equally important to develop analytical skill along with these two elements mentioned earlier. However, in order to achieve success, it is important to analyze the constraints of getting success.

     

    Please find here a detailed article on how to get an ISBN Number.

     

  • Naman Joshi, Law Graduate, NLUD, on induction into Karanjawala & Co., mooting, debating, and litigation

    Naman Joshi, Law Graduate, NLUD, on induction into Karanjawala & Co., mooting, debating, and litigation

    Naman Joshi graduated from NLU, Delhi in 2014. He is currently an associate at an illustrious litigation firm, Karanjawala & Co. He has been quite involved in Debating and Mooting as a student, and coached the NLU Delhi Team which went on to win the 12th Henry Dunant.

    His engagement in sport, community service, and extra-curricular activity has also been recognised by the H. R. H. Duke of Edinburgh, Prince Philip.

    We asked him about:

    • Being the Best Debater at Outlook SpeakOut North Rounds
    • Coaching the NLU Delhi team to success at 12th Henry Dunant
    • Receiving the Gold Standard of the International Award for Young People

    How would you like to introduce yourself to our readers?

    I am a lawyer who in my free time, likes to read, watch reruns of Friends and Two and a Half Men, and play FIFA.

    I do have lawyers in my family. My mother is one, but she did law late as an afterthought and partly out of boredom. She was working earlier as a consultant and decided she needed something new to do. Apart from that on my paternal side I have two lawyers.

     

    What brought you into legal studies?

    I did not consider engineering as a career. It never appealed to me. Medicine on the other hand did sound fascinating, especially because I read up a substantial amount about the human body when my father underwent a bypass.I was in 6th Class then and being a surgeon sounded nice. But to be very honest, I neither had the math skills nor the scientific acumen to pursue it at the highest level. It’s not just about being a doctor or an engineer. It’s about being good enough to rise to the top of your game. Law was a conscious choice from quite early on. I’d say about 9th Class onwards. When it came to second language options, I chose Hindi instead of French (lot of lower court proceedings are in Hindi). When it came to choosing subjects in 11th, chose History, Political Science, Economics, and Maths (these subjects barring maths, are taught in law school and are actually helpful when practicing law). Law also gelled with the other things I was doing in school – debating, writing, hosting a TV show on DD Bharti, community service etc.

     

    naman-joshi-3

    What would be your advice to someone who has never debated earlier?

    (Naman has been awarded the Best Debater spot the Outlook SpeakOut Debate.)

    Honestly, I can think of at least three debaters better than me in my own class from college itself. In fact, I have never even won a debating tournament since I have stepped into college.

    Partly, because the Parliamentary Debate format didn’t feel as comfortable as Oxford-Style did and partly, because I didn’t work on it because I was mooting extensively. So no advice as far as acing a debating tournament is concerned. As far as someone who has never debated earlier is concerned, my only advice would be, give it a shot. What’s the worst that could happen? It is a fun activity where you get to travel along with a couple of your college mates and the downside is missing college for three days or so and the upside is winning some serious cash!

     

    What separates a good mooter from an average mooter?

    (Naman has represented India at the 53rd and 54th Philip C. Jessup International Law Moot Court Competition. You have been also been ranked the 30th Best Oralist at the 54th Jessup.)

    A good mooter is one who masters not only the brief he or she has prepared but also everything around it and is ready to have a conversation with the judges. An average mooter prepares a brief and goes ahead and argues it. The former understands the context in which the arguments are placed. The reason they are being made at all. The latter looks at the last page, sees the questions of law and opens up a book to cite authorities.

    Mooting is not just an activity you should participate in because it is a check box in your ‘things to do in law school’ book. Do it because you like the activity. Do it because you want to read, write, and talk about a particular thing. For me that happened with international law. Even though I am not mooting anymore and my work is far divorced from international law, I like to stay in touch with the subject because I like it.

     

    What would you say contributed to the huge success of the team that you coached for the 12th Henry Dunant rounds?

    I think what contributed to the huge success of the team that I coached was the very hard work they all put in. Dhruv, Utkarsh, and Natasha were absolutely dedicated to the cause of winning and they did everything they had to, to do so. Including roping me in as coach, which can be a decision one can later regret (I am sure they all did at some point or the other) because I can be very unpleasant to work with. I expect people to function in a particular way, am extremely pedantic about minute things and easily lose it. Thankfully the team took it all in their stride and it worked out well. They went on become the first Indian team to have ever won the Red Cross Moot and I am extremely happy that I was a part of that. Plus, it has always been a wish of mine to do an international criminal law moot. I never found time for it myself, so vicarious pleasure.

    As far as the difference between them and the teams they faced in each of the finals, I’d say fine margins. At the highest level, everybody works incredibly hard. But if I had to split hairs, I’d say:

    1) the team was better prepared for the questions. They knew what was coming and they had already practiced how to knock a particular question out of the park.

    2) They had contextual understanding. I remember this issue of hate speech coming up in the India rounds and how the team answered the question not only with the international criminal law standard but also how hate speech is understood by national and international human rights courts and adjudicatory mechanisms.

     

    Tell us about being the Recipient of the Gold Standard of the International Award for Young People, 2009 awarded by H.R.H. Duke of Edinburgh, Prince Phillip.

    Essentially the programme requires you to fulfil certain mandatory hours of engagement in a sport, community service, and extra-curricular activity. There are three level – Bronze, Silver, and Gold.

    As you keep excelling in the respective activities, you keep rising through the levels. So in my case, I played tennis, was President of Interact Club in my school (the Club is affiliated to Rotary International), and was an avid photographer. It is a fulfilling experience and I’d say if your school is a part of the programme, you should definitely participate.

     

    Tell us about your summer school experience.

    The courses were extremely helpful. There were three:

    – Corporate Law at LSE,

    – International Criminal Law at Leiden University, and

    – Comparative Constitutionalism and European Competition Law at Trinity College, Cambridge.

    I can assure you that anything I know about corporate law is more likely from the three weeks at LSE with Prof. David Kershaw than two semesters of corporate law in college. International Criminal Law, of course, doesn’t get much attention in college. But it came in handy while coaching the aforementioned team. The Cambridge courses were partly academic curiosity and partly a way to test if I want to pursue a LL.M immediately after college. The answer was in the negative for now. But both of them have definitely enhanced my understanding of how I look at constitutional law and competition law.

    Application procedure is fairly simple. These universities have extremely user friendly websites. You can just log on. Complete the form. Scan and attach the relevant documents. And you are good to go.

    The question of institutional support (parent institution) didn’t arise because all these courses were in the vacation. Though the Vice-Chancellor did appreciate what I had learnt abroad and allowed me to use what I have learned abroad effectively by allowing me to coach a team officially. Until then no team had had a university appointed coach.

    I already said before how highly I rate Prof. Kershaw’s corporate law classes. And I think the same applies across to board to all the classes I took abroad. There is no doubting that those classes beat most of the classes that are being taught in any university in India. That said, I did have some seminar classes (elective courses) where the quality of teaching was at par if not better. So I guess it comes down to

    1)      teacher’s understanding of the subject;

    2)      ability to get that understanding across; and

    3)      class size.

    Class size I think is a huge factor so we can’t really blame our teachers. They are doing the best in the situation. In fact I’d say my college is doing better than most considering the recent faculty recruitment and the very serious qualifications these teachers come with National Law University, Delhi.

     

    How did you manage funding for these courses?

    My parents have been extremely kind. They will not buy me a Playstation or plan a trip to Thailand, but if it comes to down education or professional development, they have never said no, regardless of the amount of money involved. But for those looking for alternate sources of funding, these universities sometimes do have funding available. Getting in touch early on with them is a good idea.

     

    Did you ever plan to join a corporate law firm?

    No, I did not plan on joining a corporate law firm. One of the reasons is I don’t frankly like corporate law as much. Can I work in the litigation department of a corporate law firm? Sure. Can I standout in an M&A team? No. Moreover, I need the thrill of the courtroom. I need to put on the gown and stand before a judge and argue a case. So litigation was always the thing that I had in mind; that is why I never even interned with a corporate law firm. Plus my first real legal internship was with Mr. Gopal Subramanium when he was the Solicitor General of India. The experience that I left with a month later assured me that this is what I want to be doing. Future plans are fairly straightforward – practice law in the courts and hopefully be recognized for it.

     

    How did your appointment at Karanjawala & Co. take place?

    My appointment at Karanjawala & Co. was actually a last minute one. While I had interned with them earlier in the summer of 2013, I was already placed at the Chambers of Mr. Gopal Subramanium, Senior Advocate and had never applied for a job at Karanjawala. When Mr. Subramanium’s name came up for elevation to the apex court, I decided to look elsewhere because I assumed that Sir would be elevated to the Supreme Court pursuant to a recommendation of the Collegium (Of course there were certain unbecoming actions of certain persons and entities which rightly led him to withdraw his name.)

    When I started looking for a job I didn’t want my parents or for that matter even Mr. Subramanium to just make a call on my behalf. I wanted to get a job on my merits. So I asked Mr. Trideep Pais who is an advocate in the Delhi High Court and who has taught me criminal law in college to let me know if anyone is hiring so that I could send them my CV and seek an interview. I also asked other persons I knew from college like Mr. Alok Prasana, Mr. Rishabh Sancheti and Mr. Rajshekhar Rao. All of them were extremely helpful and gave me leads about persons they knew who were looking to hire.

    One lead that Trideep Sir gave me was Karanjawala & Co. I went and interviewed with Ms. Meghna Mishra who is a Partner at Karanjawala. Luckily for me she had seen my Karanjawala worksheet and had spoken to other people at the office, all of whom had said kind things about me. She told me she’d get in touch with me soon and that it looked good. I didn’t get a call for few days and I was getting anxious. A few days later I got a call saying Mr. Karanjawala wanted to meet me. I met him, he saw my CV and previous certificates of work, looked at me and asked me if I wanted to work at Karanjawala and when I said yes, he told me told me I am hired. Now I have been working at Karanjawala for a month and it is a great office with a lot of great people plus the office undertakes huge volumes of litigation. In my first month here I have been working on a couple of arbitrations, drafting pleadings, appearing in the High Court, and have even made a solo appearance before the Debt Recovery Tribunal.

     

    Do you think your experience in mooting shall help you in your litigation career?

    It already does. Mooting teaches you how to critically analyse a legal problem, building up a story using the facts you have around it, pruning out the negative facts or figuring a way of colouring them positively, researching, drafting a brief, arguing it, and answering any questions a judge might have. That’s pretty much what you do when a client comes to you with a problem and wants you to argue for him or her in court.

     

    Would you consider pursuing an LL.M from a reputed university?

    I would love to go study at Oxford or Cambridge. But let me be very honest. With a CGPA of 4.9/8, I am not very high on their list of prospective candidates. Moreover, I don’t want my parents to pay for it. So, maybe in a couple of years after I have some money of my own and my work experience can supplement my CGPA.

     

    What would be your message to law students who want to ace in moots?

    Choose a moot for the area of law and not the area of the world where it is held. A lot of students, unfortunately even in my university, want to do a particular moot because the college is paying for the trip abroad. That’s the wrong kind of attitude to begin with.

    Start reading up on that area way before the moot problem comes out.

    Put your fingers to the keyboard from Day 3.

    Start writing based on whatever you understand. You can always polish later.

    In fact you might not even use an argument you thought of early on, in your final brief, but that junked argument is very essential. Either it will tell you what not to say and take down an opponent, who has unwittingly said it, or it will provide you a way out when the argument you actually used didn’t work and you need a Hail Mary pass.

    Whatever research you have done, make notes so that you later remember you read what where. A lot of research is recyclable in a moot problem. You might not need it but that’s exactly what your teammate does.

    Lastly, think of it as real. You have to believe you are the agent/counsel for a particular state/party. If you don’t believe in the cause of a nation bombing another to establish democracy and promote peace or a nation that is sinking because of climate change, you can bet the judge won’t either.

  • Rachit Ranjan, Research Fellow, WTO, on studying at UC-Berkeley, and his passion for academia

    Rachit Ranjan, Research Fellow, WTO, on studying at UC-Berkeley, and his passion for academia

    rachit-ranjan-1Rachit Ranjan graduated from WBNUJS, Kolkata in 2010. He had finished his schooling from the USA and France to join NUJS for legal studies. After graduating from NUJS he had the opportunity to teach at CNLU, Patna for more than a year. Thereafter he left to pursue his LL.M from University of California, Berkeley. Later he also had the opportunity to teach at Jindal Global Law School, Sonepat and is currently working at the WTO, committed to pure research work.

    In this interview we requested him to share:

    • The differences between academic culture of India and other countries.
    • Teaching experience at CNLU, Patna and JGLS, Sonepat
    • His experience at UC- Berkeley while pursuing higher studies
    • Research work at IIFT and at WTO

     

    Tell us a bit about yourself.

    At the outset, let me congratulate you for this wonderful initiative. I only wish that there was this sort of guidance at our disposal during my law school days. I would also like to mention that I am not deserving of the tag of superlawyer yet but would like to thank you for allowing me to share my thoughts with your readers. I hope that my experiences will encourage some students to pursue academia as a profession. I graduated from NUJS in 2010 and did my LL.M. from UC Berkeley in International Law. My career decisions are small platforms, which may (or may not) help me in realizing my ultimate goal of becoming a reputed academic.

     

    What differences did you find between the education systems of India and US?

    Both systems have their pros and cons. I moved to France in 9th grade because of my father’s job. Coming from an Indian education system, the American curriculum and pedagogy was a refreshing experience. I believe the greatest tragedy that plagues the Indian education system is the ubiquitous culture of rote learning. Although the Indian education system had prepared me well to adapt to a completely new system, it did not allow me to adapt easily to the immense focus on logic and analytical thinking which is encouraged in the American curriculum. I believe it is a practice which will help any student in the long run regardless of their career choice. To that extent, I feel India must eschew the culture of rote learning and start treating students as co-creators of knowledge rather than blank slates.

     

    What was your motivation behind pursuing law?

    My career choices have been nothing short of a serendipitous discovery. I had never considered law as a career option. In fact, I was planning to study biotechnology in the US or Canada but due to the high tuition fee I had to reconsider my options and move back to India. My cousin, who was at NLS Bangalore, encouraged me to apply for law. She did a mighty fine job at selling national law schools and what they had to offer. At that time, my idea of a lawyer was a person in an expensive suit driving a fancy car. I must admit this is what drove me to choose law. I wasn’t really passionate about law when I began preparing for the entrance examinations. I applied in the pre-CLAT era, when all these institutions had separate exams.

    NUJS happened to be the first one in the series. I was really keen on joining NUJS because I heard great things about the place from my cousin and my uncle, who is a lawyer. Naturally I put in the most amount of hardwork for the NUJS exam and was lucky enough to crack it. Upon receiving confirmation about my selection, I made up my mind that I wanted to move to Calcutta and did not put much effort in preparing for other entrance examinations.

    It was only after I joined NUJS that I got a real taste of law. I was intimidated initially but the constant intellectual rigor was something which appealed to me. Even though many of my peers have completely moved away from law, my passion for this discipline keeps growing stronger. This passion stems from a sense of intellectual and moral satisfaction, I receive from this discipline.

    What motivates me now to uphold my decision is how well I am equipped to explore issues that confront the global community today, where lawyers have a definite and positive role to play Inter aliaissues relating to human rights, environment, global trade and intellectual property rights. Owing to the training I have received as a lawyer, I am confident about dealing with such issues, which bear a direct impact on our society.

     

    Tell us about your time at WBNUJS.

    Unfortunately my law school experience isn’t one which I would wish upon anyone. I have battled great adversity to complete my legal education, which severely affected my ability to be active in extra-curricular activities. From 2005-2010, I suffered from four extremely severe bouts of Hepatitis A, which would render me incapable of attending classes or partaking in any event. My illness prevented me to gaining a holistic law school experience.

    Out of 10 semesters in NUJS I was sick for six. Nevertheless, I did not let this affect me adversely and took part in extra curricular activities, whenever I had the time. Perhaps the proudest moment of my college experience was being part of the organizing committee for the ILSA International Conference. At that time, no law school in India had managed to host a conference of this scale. We won the bid for the conference by virtue of networks made by my batchmate Kinshuk Jhunjhunwala, when he went to present a paper at the ILSA Conference in 2007 (co-authored by me).

    Although NUJS had already gained international recognition in mooting and debating, the conference helped the institution to achieve immense adulation and respect among some of the foremost international law scholars of the world. I believe it assisted the institution immensely in establishing itself as a law school, which engages in serious scholarship. To be an important part of institutional development was exhilirating and humbling at the same time.

     

    What are your thoughts on these activities like mooting, debating and publications in journals?

    As mentioned above, the debilitating circumstances during my law school prevented me from partaking in many of these activities. In fact this is part of the reason why I chose teaching law as a profession. During my stint at CNLU and JGLS, I actively engaged in mooting activities by coaching certain teams for competitions. I coached the JGLS team, which won the NLS Arbitration Moot recently ( although all the credit goes to them). All these activities are extremely important and every law student must engage in them.

    Although real court procedure is very different from mooting, the essential reason behind this activity is to teach you legal research and argumentation. It is the ultimate training program to help you to “think like a lawyer”. Debating requires you to be updated with the latest developments across the world and further allows you to dissect these issues by engaging in reasoned discourse. This is another element, which is extremely important in order to become a good lawyer.

    As for publications, I have always maintained that if you want to understand a subject in-depth, you should write a paper on it. Much like mooting it teaches you legal research and argumentation. However, legal scholarship goes a step beyond and allows you to engage with the subject in a more nuanced manner. It will consolidate your foundations and prepare you to “think outside the box”. There is far too much focus in law schools about the “CV value” of these activities, which in my opinion is very unfortunate. I believe there needs to be a major overhaul of this mindset and both students and faculty should espouse such practices not because of their respective “CV value” but as a personal(ity) development initiative.

     

    Please tell us any remarkable internship experience of yours which shaped your legal career?

    My internship experiences are more or less comparable to any other law student’s experiences. I wanted to experience each and every avenue, where lawyers had a role to play before making a final career decision. What distinguishes my experience from majority of the law students is a focus on international organizations.

    I have always been fascinated by international affairs and am quite the international relations nerd. To this extent, I always wanted to explore how international organizations functioned, the dynamics at play re the political and structural constraints of these institutions and of course, the role of law. I interned with INTERPOL and UNODC, to understand issues relating to international money laundering, drug trafficking and financing of terrorism. I engaged on a special project with UNICEF as a lead researcher to study the implementation gap in Bihar re child rights legislation and India’s international commitment regarding the same. All these experiences allowed me to gain a better understanding of the expansive contours of international law and international affairs, a discipline which I intend to pursue in the long run.

     

    Why did you choose teaching as a job and not a corporate job?

    As mentioned before, my career decisions have been nothing short of a serendipitous discorvery. I moved to Patna upon my graduation to prepare for the the Civil Services Examination with a “dream” to join the Indian Foreign Service. Despite knowing that joining the government would severely curtail my ability to voice my dissent on pressing international issues, I was convinced( and am still partially) that it is the best platform to understand geopolitics. I joined CNLU, with the objective of using the university’s resources for my preparation.

    After an interview with the Vice-Chancellor, I was given the opportunity to join the University as his teaching assistant. My work profile ranged from handling the student recruitment/internship intitiave to delivering lectures on certain aspects of public international law and international trade law. This was my moment of epiphany and I am most thankful to the institution for this experience as it allowed me to discover my passion.

    Whenever I delivered a lecture, there was a feeling of self gratification and intellectual empowerment. The adulation I received from my students further assisted me in realizing that this was my calling in life. Ever since then all my career moves have been strategized to realize the ultimate dream of becoming most importantlya good teacher, and an authority in my field of specialization.

     

    What prompted you to join IIFT?

    (Rachit went on to join the Indian Institute of Foreign Trade as a research fellow.)

    A very renowned jurist told me that If I wanted to excel in academia, I must understand how each functionary of that discipline operates (i.e. academic/government/practiotioner). Since my area of primary interest was trade law, I wanted to join a government department to gain hands on experience on how policies are deliberated within such departments.

    I joined the Centre for WTO Studies at IIFT, which is a government think tank mandated with the task to assist the Ministry of Commerce and Industry on issues relating to international trade and investment policy. My work at the Centre ranged from writing policy papers for government officials to offering legal advice on international trade disputes and policies at the WTO.

     

    When did you finally decide to pursue masters?

    Since I was certain about pursuing academia, pursuing an LL.M. was a professional requirement. I concentrated on the top 15 schools in the U.S.  because after doing a lot of research on the LL.M. program in general,  I reached the decision that U.S. law schools offered a far greater level of academic rigor than U.K. or Indian law schools in their respective advanced degree programs.

     

    How did you get through the selection process of UC Berkeley School of law?

    I feel extremely fortunate about being admitted to a great institution like UC Berkeley. I don’t believe there are set criteria, which will decide your success in securing admission into such institutions. I certainly believe, that grades do play an immense role when you are aiming for the top institutions. However, even if you don’t have a stellar academic record, you can very well make up for it by your work experience, extra curricular activities and mostly importantly you statement of purpose.

    I have researched in great detail on how to prepare the best LL.M. application and will not be able to do justice to this question in the limited space. Perhaps I could write another piece on the aspects you must focus on while applying for your LL.M. If I had to sum it up, it all boils down to how well you are able to sell your achievements, interest in law, interest in the institution and how you fit in with the tradition of the respective institution coupled with the designation and background of your referees and the content of the recommendation.

    Click here to download the Personal Summary

    Click here to download the Statement of Purpose

     

    rachit-ranjan-2Tell us about your time at UC Berkeley.

    An LL.M. abroad is what you make of it. If you want to treat it like an extended holiday, it would be a fantastic holiday albeit very expensive. I was certain about what I wanted to attain from this experience. I went on the thesis track at UC Berkeley, which required me to write a dissertation of publishable quality. Naturally, this required a lot of research and background reading followed by grilling sessions with my supervisor.

    Apart from my thesis, I took international law courses at Berkeley. This was the first time I was exposed a proper socratic style of teaching, which required me to read about 200 pages on any given day. Initially, it was difficult for me to adjust to this practice but with time I managed to find balance between work and play and really enjoyed the assigned readings.

    I may add here for the voracious readers that legal reading is far more time-consuming and intellectualy exhausting than reading a novel.  I must admit that, by my own experiment, the socratic method is an extremely effective pedagogical tactic and must be implemented by every faculty in Indian law schools.

    My time at Berkeley is one of my most cherished memories. It was the first time, I had a complete college experience, where I actively participated in social and academic events. The faculty, staff as well as your peers from across the world made the task of settling in a new country and new education system extremely easy.

     

    How did the opportunity of teaching at Jindal Global Law School come to you?

    Upon graduating from Berkeley, I returned to India to pursue teaching while awaiting the decision on my application for internship at WTO. I heard great things about JGLS from many academics and decided to join the institution. My experience at JGLS was my first real exposure to teaching law. I was assigned to teach Alternate Dispute Resolution to third year students. I was also attached with two research centres within the institution. I believe JGLS is an institution with great promise provided they find a way of retaining talent. They certainly offer unprecendented incentives to aspiring academics but there remains a serious mismatch between the vision of the institution and its implementation. Nevertheless, my stint at JGLS was wonderful because it reinforced my decision to pursue academia. I met some brilliant academics and students there, whose support is essential for my development as a teacher.

     

    What do your responsibilities at the World Trade Organization, Geneva entail?

    The WTO has a very robust and an extremely competitive internship program. I had applied for an internship during my LL.M. (internship programme only selects professionals holding a masters degree) and decided to pursue teaching in the meantime to enhance my chances of securing a good PhD program.

    As a legal intern, my work can range from anything as mundane as updating footnotes on dispute reports to as interesting as providing legal input on an ongoing dispute at the WTO. I have been involved in formulating e-learning modules for delegates of Member States to working on thematic research papers, which study the dynamics between diplomacy and litigation with respect to disputes at the WTO. Till now, my exposure to trade was very academic but the internship has filled the void and allowed me to witness the day to day functioning of this institution and learn how trade deals/disputes are negotiated and executed at the highest level.

     

    What are the factors you consider while making a crucial decision?

    As mentioned above before I can call myself an full fledged academic, I must have an understanding of how each functionary of this discipline operates. I have made these career moves with this backdrop. I firmly believe that between you and your ultimate goal there is no room for complacency or satiability. As the American humorist Will Rogers quipped:

    “Even if you’re on the right track, you’ll get run over if you just sit there.”

     

    What are your long term goals?

    I intend to become a full time academic with a focus on international law in general and international trade and investment law in particular. Through this position and my work,  I intend to establish myself as an authority in my respective field and engage in policy making with governments across the world. The truth about law is, regardless of which avenue you choose to pursue, it will be an incredibly long and tedious journey towards your ultimate goal but the trick is to enjoy the process and the immense opportunities at your disposal.

  • Aastha Dhaon, In-house Counsel, Manupatra, on legal publishing, and her diverse experience

    Aastha Dhaon, In-house Counsel, Manupatra, on legal publishing, and her diverse experience

    Aastha Dhaon graduated from RMLNLU, Lucknow, in 2011. During this time she has interned with the likes of Mr. Arun Sinha, Senior Criminal Law Practitioner, Lucknow, India, Mr. Nirmal K. Seth – Senior Counsel, Lucknow, India (Civil), Nanavati Associates, among others. Since then she has gone on to work as Legal Associate at Chambers of Mr. J. N. Mathur, Additional Advocate General, Uttar Pradesh. She is currently in-house counsel, writer and legal editor at Manupatra.

    In this interview we speak to her about:

    • Being a fourth generation lawyer
    • Her interest in publishing
    • Her diverse experience

    How would you like to introduce yourself to our readers?

    I’d rather thank you for giving me this opportunity to connect back to where I belong. I am a proud Lucknowite, working here in Delhi with a lot of support from my mom and dad and a lot many dreams in my eyes.

     

    Why did you decide to study law?

    Law was never on my radar. I always wanted to be a famous painter. However, I first wanted to be an Architect. I got through the National Institute of Fashion Design (NIFT-Delhi) but, could not get through National Institute of Design (NID, Ahmedabad) the premier institute for design in India.  Hence, to sum it all up, law just happened, for which I usually tell people that it was in my blood.

    I qualified the entrance for the National Law School in Lucknow (Dr. RML NLU) and was part of the first batch of my University. My university really made me what I am today, personally as well as professionally. It really taught me ‘life’.

     

    What kind of internships did you do while you were a student?

    I never really focused on any one area in law. I interned everywhere I could get through really. Being the first batch of our institute, it really was a task convincing the high and mighty to give us opportunities, but, then we all were made out for law, we grabbed all opportunities coming our way. I interned under some senior Government Counsels, criminal lawyers, law firms, corporate houses and Non-Profit organisations as well. Since, I strongly believe in taking a multi-faceted approach towards things, hence, my aim was to get an experience in all directions so I could make better choices when choosing a particular work area in the legal field.

    My internship under a very well-known criminal lawyer in Lucknow was one of the most heart wrenching experience for me. He was handling quite a lot of famous criminal case, where a lot of media trials happened as well. Everybody used to have opinions on them, and there I was sitting with my boss’ clients in his chamber daily, listening to acts they may have done, and something inside me breaking every time. That was the time I saw a lot of small aspects involved in criminal law and I decided I had to drop my plan of becoming a female criminal lawyer for some time atleast.

     

    You worked as Legal Associate at Chambers of Mr. J. N. Mathur, Additional Advocate General, Uttar Pradesh. How was your experience there?

    This was an extended vacation time for me right after college, not because I did not work much (believe me I haven’t worked longer hours than I did here), but, because I have had some of the coolest seniors here. However, it was not all play without work. A few months into litigation my seniors gave me chances to handle my own individual cases, which nobody form my batch was really doing till then. Here, I worked on company matters, taxation matters, service matters, etc. Mr. J.N. Mathur has been one of the most dynamic, honest and hard-working advocates I have seen or heard about till date.

     

    What does a workday at Manupatra look like?

    Legal publishing was one dimension which remained untouched by me during my college days. I am soon completing a year here in Manupatra and it really feels great. Here at Manupatra, if you are really capable and a hard worker, a lot of varied opportunities are given to you time and again to prove your mettle. The senior management is one group of really smart and highly informed individuals, who not only are good at what they officially do, but, they are also adept at dealing with departments that they may have had no knowledge about.

    Just like in any other corporate house or a law firm, work in Manupatra is not as easy as it all looks. A lot of planning and hard work is done to bring forth everything on our site. A lot of value additions are made to our regular judgments, which go a long way in helping us all in our researches. And, of course, it is a big high being a part of something based on whose research we actually passed our law schools.

    Our day starts at sharp 9 a.m. with updation of new legal news, then selecting what judgments are to actually go onto our site, meetings, coffee-breaks, less of chit-chatting and a lot of work, etc. The office usually closes down by 6:30 in the evening. So this job, not only gives me the exposure of working in the best Legal Publishing House in India, but, it also gives me a chance to create a work-life balance in my life.

     

    What would be your advice to law student interested in working with a publishing house?

    As contrary to how the working in the publishing houses seem, when compared to law firms and litigation, the work scenario is not much different. It requires the same amount of commitment, or even sometimes more, to finish off our assignments within strict guidelines. Online publishing is a race against time. To feel content with your work at the end of the day, there is a lot of running around you need to accomplish during your work hours in office. Publishing demands unflinching attention and the zeal to achieve the best you can in very short spans of time. Everything in a publishing house is urgent. Nothing can be given a second position of importance. You need a lot of time management skills in here. Of course, apart from this, good writing skills could give you the opportunities of getting into legal writing as well. There may be days when you feel like giving up, but, those are really the days when you should just hang on, and wait for something better to happen for you.

     

    Do you feel that publishing may become a major career avenue for law graduates in the future?

    Publishing is ‘the thing’ coming up for sure. There are very few players in this field at present and the future does hold a lot of open ground for new people to come and settle in. Publishing is a major field abroad, however, it is catching up here in India now. Publishing houses can give you chances of working not only as an editor, but, they can rope you in as their legal advisors as well, giving you a chance of working multi-dimensionally.

     

    What would have you done, if not law?

    I would definitely have been a professional painter, trying to make this world a more artistic place to live.

     

    What’s your take on work life balance?

    Work-life balance is very essential. When we start out, with all our ambitions we just throw ourselves into work. Today, the longer working hours you can boast of, the more successful and hard working you are considered. However, a few months down the line, your life shakes up and you realize only work is not going to help you in life. There are a lot of human beings that you need around you to survive; you need to move out and socialize. Yes, I agree our profession does not really give us the liberty to have a life, but, the more you try the easier it is to get out of the vicious circle, and believe me, work’s perfect when you actually do have a life beyond work. More so, what are you going to do with all your hard earned money if you don’t really have the time to even spend some of it! Won’t that really be quite sad?

     

    How do you spend you time when you are not working? Any hobbies?

    Painting and sketching – that’s what I do. I love going out with my friends, spending time with them, as well as meeting new people. I was so stuck up in my field until recently, when I met a whole bunch of some of the brightest people ever when I got selected to attend RELEAD – an International Conference on Leadership at the Indian Institute of Management (IIM – Bangalore). It gave me a whole new perspective about work, life and the world. It brought in a whole lot of new aspects to my life.

     

    What would be your message for law students planning to join the publishing industry?

    I would definitely suggest them to try out this new upcoming field. I would ask them to be patient and be ready to slog it out if they really want to enjoy the fruits of their work. And, of course, develop love for what you do, because it is not always that you may do what you really love.

  • Sameer Jain, Partner, PAMASIS Law Chambers, on working at Goldman Sachs and the challenges of starting your own law firm

    Sameer Jain, Partner, PAMASIS Law Chambers, on working at Goldman Sachs and the challenges of starting your own law firm

    Sameer Jain graduated from NLU, Jodhpur, in 2008. While still in college he had the opportunity to work as a Summer Employee at Goldman Sachs and after graduating he started working at Ernst & Young as a Consultant and later joined Luthra & Luthra Law offices as an associate. With all his work experience and expertise garnered from law firms in India and abroad he  started his own corporate law firm, PAMASIS Law Chambers.

    We asked him to share his thoughts about:

    • What he learned from mooting and looking for sponsors
    • Coming from a family of lawyers
    • Getting a job with Goldman Sachs

    Tell us a bit about your childhood.

    My childhood was somewhat nomadic. Since my father was in a transferable job, we changed cities every three years. That meant new school, new friends and new surroundings. It was exciting to experience so many changes in the early days of my childhood. These experiences made me more acceptable and adaptable to change.

    I have many lawyers and judges in my family. My father is a judge, my mother is a lawyer and my elder brother is also a lawyer. My cousins are also practising law. Apart from them, both my grandfathers were lawyers too.

    That said, I would be lying if I told you that I always wanted to become a lawyer and nothing else. My earliest fantasy was to join the Indian Army and serve my country, but that couldn’t materialize due to some reasons. Besides, I was quite fascinated by technology and doing something in that field was also on my mind. At one point in time, while I was studying in the commerce stream in classes 11th and 12th, I was also participating in various other competitions, such as robotics.

    How I decided to do law is an interesting story as well. Though consciously even till the last year of my school I had not decided to become a lawyer, but there was something about it which always fascinated me. I remember once going to the High Court with my mother and watching this lawyer argue an Intellectual Property matter very eloquently. He was extremely thorough with both the law and the technology involved. That was the day I decided to become a lawyer. Rest is history!

     

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

    [sociallocker] It certainly is helpful in the initial years, of both law school and the profession. At the law school, being surrounded by lawyers can be rather helpful as the terminology and the procedures being taught are already imprinted in the mind. Moreover, one has a subtle edge over the others since he/she is able to discuss the finer points of his curriculum in an informal environment, with the people who have the practical experience of the field. However, this is just a minor advantage. It is a lot more complicated on the professional front. At the end of the day, it becomes necessary for every student to burn the midnight oil to excel in studies.

    Merely having family members or a mentor with a legal background may not be of much assistance. For example, if someone chooses to work with a professional law firm through college recruitment process after graduation, a family background in law may not help. You will have to go through the same gruelling schedule as anyone else who does not have a similar upbringing. On the other hand, if you choose to litigate, having someone who is already established in the profession and is a senior would only help you to get that initial push to get referral matters.

    Furthermore, in this era of super specialization, having someone from a completely unrelated background may also be of no assistance to the new professional. I, for example, with a specialization in Taxation and Land Acquisition, have not benefitted from the fact that I have a number of lawyers and judges in my family.

    However, I firmly believe that, irrespective of your background, what makes you succeed in this profession in the long run is your grit, determination, eye for detail and eloquence.

     

    Tell us about your law school experience. Share some highlights from your college days that shaped you as a lawyer.

    My five years at National Law University, Jodhpur were the most enjoyable and important years of my life. Apart from teaching me the fundamentals of law, my term at law school also taught me how to research, moot, debate, finish work within extremely tight deadlines, think on my feet, face challenges and also run for my life, if need be!

    Jokes apart, half the things I learnt at law school, and which played a crucial role in my becoming what I am today, were not all part of the curriculum.

    Compulsory moot courts in every law subject taught us how to conduct research on legal points, apply the case laws and argue even the weakest of matters. By the time I graduated, I had presented over 60 moot courts.

    At NLU, Jodhpur, it was mandatory for everyone to make projects in every subject. This really groomed my research and drafting skills. Also, what I developed was an art to find information at the right place and in no time.

    Crunching mid-term exams, snap tests, projects, moot courts, paper presentations and leisure in a short span of time not only taught me how to manage my time, but also enhanced my skills of multi-tasking, working in a team and being happy during hard times.

    During my five years at law school, I was lucky to get many opportunities to travel around the world as well in within India to present papers and participate in moot courts. Travelling overseas required a lot of money and coming from not a very affluent background, it was obviously not affordable. Therefore, we resorted to requesting for sponsorship. The whole team approached lawyers, government and corporate houses and requested them to fund our trips. This exercise was particularly very important since it taught me four lessons:

    1)      Putting forth your point in the shortest possible manner and time, since senior lawyers did not have time to read or attend to long calls from a law student;

    2)      Art of approaching the otherwise seemingly unapproachable people. I remember faxing a request for sponsorship to the then Hon’ble Chief Minister of Rajasthan and following up with a call to her office every evening for three days. Finally, the Hon’ble Chief Minister did not only return my call and spoke to me she also sponsored our entire trip to Geneva. I realized that sometimes the difference between success and failure is that one step that one should never fail to take;

    3)      Art of persistence: getting a sponsorship was a long process and you had to be gracefully persistent with seniors till you got a final answer; and

    4)      Taking rejection in a stride. Ninety per cent of our calls/e-mails bore no fruits!

     

    Do you think participating in extracurricular activities helps a student in the long run?

    Yes, most certainly they do! I strongly encourage every law student to participate in as many conferences, debates and moot courts as he/she can. Not just for the academic gains that it brings, but also for expanding one’s network and wealth of experience.

    At every conference, debate or moot court competition you meet people from different backgrounds, countries, ethnicities and age groups discussing/arguing on the same matter. It is fascinating to learn about the different interpretations in which a proposition can be given.

    I, along with a friend, participated in a paper presentation competition organized by the TATA Institute of Social Sciences, Mumbai. The topic for that year’s paper was ‘Spaces’. It was amazing to see how the word ‘Spaces’ was differently interpreted by lawyers, management students, engineers and social sciences students.

    These activities help to expand your horizon considerably.

     

    What are the best internships that you did, and how did they help you to develop as a lawyer?

    My best internship was at Goldman Sachs’s Legal Department in Bangalore. There were several things about that organization that made my stint most memorable and enriching. The legal team there was relatively new when I joined them for internship. There were only five members including the Vice President, Legal. Each member of the team supported the Goldman offices in the USA and EMEA region on specified areas, such as Commercial Contracts, ISDA Derivative Contracts negotiations, etc. I was hired to support the internal legal team and work directly under the VP, Legal. My role included drafting and vetting commercial contracts, researching on various laws such as labour laws, taxation and narcotics, and to support the business in any off-hand legal query that would arise.

    What initially appeared to be a very regular legal internship turned out to be the most enriching three months, because my boss entrusted me with a lot of responsibility. I was independently sent for discussions with the CFO and the MD. I was given the opportunity to not only sit through live negotiations, but even encouraged to equally participate in them. I was also given a lot of freedom to undertake many tasks. But, most importantly, I got along rather well with the other members of the legal team — I made great friends. That helped me get a deep insight into their work and understand the broader scheme of things. Sometimes I also assisted them by working overtime. My internship was extended and I was called back to work with them once again as a ‘Summer Employee’.

    Furthermore, apart from their legal work, Goldman is also known for its strong HR culture. They believe in developing human capital. Therefore, the organization goes an extra mile to take care of their employees irrespective of their role, position, responsibility or tenure. They treat you like a King/Queen — gourmet food, pick-and-drop service, separate security desk, lavish office, and a very handsome stipend!

    By the end of my internship I realized that, as an intern, it is best to choose to work in a small team, as the learning opportunities are immense and you can take on more responsibility. However, in a big team, if you are not experienced you may just end up pushing papers and researching on case laws. A small team and the increased responsibility give you a chance to prove yourself, make mistakes and learn. You also end up making better interpersonal bonds.

     

    How important do you think is an LL.M. for a lawyer who wants to practice as a corporate lawyer?

    Doing an LL.M. does add to one’s educational qualification, understanding of the subject and networking, but I would not say that doing an LL.M. is an absolute necessity for everyone.

    Though, I have observed a trend where students pursue an LL.M. course immediately after graduation. I think that it may be a wrong move. Doing an LL.M. soon after graduation may not yield the same result since it merely becomes an extension of the three/five year course. The purpose of an LL.M. is to give a specialized insight into the subjects of one’s choice. A fresh graduate may not be fully aware of his interests immediately after graduation. I recommend that an LL.M. course should be opted after gaining some years of work experience. The experience would help in making a more informed decision regarding the subjects one wishes to study further. I have seen instances where students have completed an LL.M. in Intellectual Property Law immediately after graduation and ended up practising Corporate Law once they started working. In such a situation the time and money spent in doing an LL.M. goes waste. Therefore, to avoid this, one should always make a decision only after gaining a few years of experience and then choosing the LL.M. course and college on the basis of the subject and area of law they wish to specialize in, from their career perspective.

    I have still not done an LL.M. As explained earlier, I have consciously hopped from a corporate house to a consultancy firm to a law firm and then finally to doing litigation. I have explored all the avenues that the profession of law has to offer and zeroed down on the one most suitable for me. I now know which areas of law I would like to specialize in and from where. I may take up an LL.M. course in Dispute Resolution, whenever time permits.

     

    Tell us about your first job.

    My first recruitment after graduation was in the Tax and Regulatory Department of Ernst & Young Private Limited. My work there was very intense and gruelling. My manager loved his work and was addicted to perfection. I remember often working for 36-40 hours at a stretch, handling client meetings, making memos, and then attending tax classes in whatever time remained.

    It is very different for a lawyer to work in a predominantly accounting firm. The team at E&Y comprised both chartered accountants (CAs) and lawyers. CAs are naturally great with numbers, and that meant working twice as hard to learn both law and accounting.

    My stint at E&Y was a great learning experience. It was, single-handedly, responsible for shaping me as a professional and as a tax lawyer. I owe it completely to the strict regimentation of my manager and the then Tax Head.

    The biggest challenges that I faced during this transformation were to learn the art of punctuality, approaching an issue from a practical and commercial standpoint, drafting and putting work before personal chores.

     

    You are currently a Partner at Pamasis Law Chambers. How was your journey from a Law student to a Partner.

    My journey from a law student to founding PAMASIS Law Chambers was like a rollercoaster ride. As I said before, I consciously chose to experience every role one can experience as a lawyer — as an in-house counsel, a consultant, in a law firm, an associate and a litigation lawyer. Playing all these roles helped me make the informed decision to do what I am doing today. There is nothing in my career which, I could say, happened by accident.

    The milestones from being a law student to Partner, PAMASIS Law Chambers are as under:

    • Internship and then summer employment at Goldman Sachs: This gave me a taste of working with one of the world’s best organizations very early. It helped me develop my professional skills even before graduation.
    • Tax Consultant at Ernst & Young: My stint here shaped me as a thorough professional and taught me every detail about the subject. It also helped me realize that presentation and drafting is as important as knowing about law.
    • Associate at Luthra & Luthra: This gave me an experience in both litigation and advisory role. It helped me choose what I love the most, i.e., litigation.
    • Guest Faculty at Institute of Chartered Accountants of India: Teaching helped me feel liberated. The sense of sharing is very satisfying.
    • Starting PAMASIS Law Chambers: All the above experiences made me decide that this is what I want to do — starting my own firm and using all the knowledge from these institutions to build an organization that is focused on providing great legal solutions.

     

    How does one prepare oneself to be a lawyer at Goldman Sachs?

    Goldman Sachs’s Legal team has one of the toughest selection procedures. Sometimes, interviews go on for as long as six months involving upto eighteen to twenty rounds with different people.

    The first step is to apply for an open position, which is normally advertised on their website. If you pass the pre-screening, you will get a call from the HR for the first round of interview. After that, depending on the position you have applied for, there will be a mix of personal, audio-visual and telephonic interviews.

    First and the foremost, prepare yourself well for the subject area for which you are giving the interview. Second, Goldman Sachs gives a lot of importance to thinking on the feet and, therefore, a lot of thought-provoking questions will be thrown at you. For example, why a manhole cover is round or how many petrol pumps are there in the New York City. They also ask a lot of analytical and probability-related questions, since that relates to the business of investment banking, such as: If I toss a coin 99 times and I get Heads all 99 times, what is the probability of getting Tails at the 100th toss. Most people get it wrong. It is called the Gamblers fallacy. Studying things like these would be an added advantage. Lastly, be thorough with the working of the organization, the latest happenings, deals, etc., related to the organization.

     

    You left one of the finest law firms in the country and started your own law firm in 2012. What made you take this decision?

    It wasn’t a very hard decision to leave Luthra & Luthra to start PAMASIS Law Chambers. The organization gave me a lot of experience and insight into the practice of law. The key is to make up your mind; but once that is done, acting on your decision is not easy. The journey will not be a cakewalk; but handling the situation with a firm mind can make the obstacles appear less difficult and less frustrating.

    Starting my own practice was a decision that was taken over a long period of time. Everything was thought through and discussed with a lot of people.  My family was extremely supportive and encouraged me throughout the journey.

     

    What are the top three challenges of setting up your own law firm?

    The top three challenges in setting up your own law firm are as under:

    • Building a new client base: The biggest handicap of starting up a law firm is that you cannot advertise or engage in any kind of social media marketing. Thus, spreading the name of the firm is the biggest challenge. The firm is independent of the partners and has to develop its own independent image. That brand-building during the initial days is tough.
    • Managing the processes: The processes that are in place in an already established firm are absent in a new setup, and it is a challenge to establish everything along with the other more important tasks, such as bringing in clients, executing the work, etc. Processes like new matter opening, filing, billing, etc., are crucial but often take a backseat during the initial few months.
    • Accounting and Recovery: Setting up a new law firm involves a completely different system of accounting compared to an individual lawyer. During the initial days of establishment, this aspect remains completely ignored since billing is relatively less and the specialized manpower has not been hired. One realizes that invariably there will be one or two minor violations in the process. The trick is to focus on these as early as possible and rectify at the soonest. Recovery of invoices is another issue which a start-up faces. Normally, there is a separate desk to follow up on unpaid invoices, which is not present in a start-up law firm — one is always pulled between building fresh, long-lasting relationships and getting a bill paid. Recovery calls made by the same person who has executed the work becomes somewhat awkward for a start-up.

     

    Do you take interns?

    We do take interns. The most important qualities that we look for in an intern are: he/she should be a leader, problem-solver, self-motivated and daring. A good knowledge of law is something that can be acquired over a period of time.

    An intern should send us an email at info@pamasis.com with a cover letter specifying the duration of the internship that is being sought for. We encourage an intern to apply at least 3-4 months in advance.

     

    What would be your advice to our young readers who may be aspiring to start their own law firms one day?

    My advice to all the young readers who wish to start their own firm is not to rush into it just because you see a successful example in front of you. Give it a serious thought, chalk out a plan, think where the revenue will come from and save for at least a year with zero-revenue sustenance. I am not saying that do not take any risks. Take a calculated risk. Also, gain substantial experience before starting a firm. Obtain specialization in at least one area of law. Remember that once you have started a firm you will be at the top of it. There will be no one to review your work and make edits before sending it out to the client. This is a huge responsibility. Make sure you are equipped and experienced enough to send out documents and advice independently.

    My last advice is very important. I received it from a close friend and it has come really handy. He told me to keep the fixed expenses at the minimum in the initial years. The most basic tendency is to immediately rent a fancy office, buy a bigger car and keep more staff as soon as the first stream of revenue starts flowing in. It is advised to curb this for the first two or three years. There are bound to be downturns; it is a service industry. Sustaining when the chips are low is the key to success in this business. Therefore, increase your fixed expenditure only when you are absolutely sure of the minimum revenue stream.

    [/sociallocker]

  • Ganesh Chandru, Partner, Rodyk & Davidson, on arbitration as a career option and regime of arbitration in India

    Ganesh Chandru, Partner, Rodyk & Davidson, on arbitration as a career option and regime of arbitration in India

    Ganesh Chandru is a partner in Rodyk & Davidson LLP’s Litigation & Arbitration Practice Group. He is admitted to practice in Singapore, England and India, and is a Fellow of the Chartered Institute of Arbitrators and the Singapore Institute of Arbitrators.

    The GNLU Digital Media Team had the opportunity to interview him at ‘Changing Face of Arbitration’ seminar about some very specific areas of the Arbitration Law in India.

     

    What advice would you give to law students who wish to take up arbitration as a career option?

     

    Apart from organising Moots and Seminars, what can a law school do in order to generate interest among the students towards arbitration?

     

    What can be done to reshape the arbitration regime in our country?