Your educational background includes a Bachelor’s in Science (B.Sc.) followed by a transition to law. Could you share the journey of how you made this switch and embarked on your legal career? What were the challenges or struggles you faced during this transitional period, and how did you overcome them?
In 2008, I moved to Delhi to pursue a Diploma in Clinical Research with weekend classes. While looking for a job, I ended up at a law firm specializing in intellectual property (IP) with the help of a friend. Initially I was assigned with creating a database for 300 patent cases they were handling, I became familiar with the patent process and began identifying deficiencies in the files. Upon expressing my observations to my boss, who noticed my science background, I was encouraged to try patent prosecution. This marked the beginning of my journey, and within the same year, I successfully cleared the Patent Agent exam and there was no looking back after that.
Understanding the legal language, it took me some time to get the flow of it. I think constant exposure to it by reading every day helped me get used to the flow.
Nishi, with a background in toxicology, law, and extensive experience in IPR, what sparked your interest in this unique combination of fields, and how has your background in toxicology influenced your approach to handling cases related to intellectual property and food laws?
It’s all about curiosity. When I started in this field, everything was new to me. Learning about inventions and brands before they hit the market really fascinated me. For example, back in 2009, I worked on a patent application for a mobile wallet, which felt like a big deal at the time. Now, we use it for almost every transaction.
An extensive research oriented program of toxicology helped me a lot in handling and understanding patent applications.
Being recognized as a “Top 50 emerging IP Player” by IP Gorilla is a remarkable achievement. Can you share a pivotal moment or case in your career that you believe contributed significantly to this recognition?
During my time with my previous firm, I was honoured to be recommended twice by RSG rankings as the most recommended lawyer in the firm. Additionally, I received recognition as one of the recommended lawyers in IP by Legal 500 and was acknowledged as one of the most read authors on Mondaq. I believe these recognitions played a role in my selection by IP Gorilla.
As a founding partner at Lume Legal, you handle various aspects of intellectual property rights, including patent, design, and trademark issues. What inspired you to establish your own firm, and what unique vision or approach do you bring to the legal landscape through Lume Legal?
Honestly, it wasn’t a planned move. I took a break from my job, but I continued to get work through recommendations. That’s when I thought, why not start something on my own? That’s how it all began. We aim to adapt to the evolving legal landscape influenced by changing technology and assist our clients in navigating these changes.
As an advocate for IP rights awareness, you’re actively involved in speaking at various seminars and conferences. What message do you often find yourself emphasizing to businesses and entrepreneurs regarding the importance of intellectual property?
Protecting intellectual property (IP) is crucial for any business, but I stress the importance of enforcing IP rights. Business owners need to be clear about where they stand. It’s essential to avoid infringing on others’ IP and, at the same time, ensure that their own rights are not violated. Setting these boundaries is key for a successful business
Having advised Fortune 500 companies on the protection and use of trademarks, could you highlight a key strategy you employ when working with such high-profile clients to ensure the safeguarding of their intellectual property?
Diligence, staying informed, and maintaining honesty have consistently been my guiding principles, and they have proven to be beneficial in various situations.
You’ve written for various national and international law journals. Could you share the motivation behind your writing, and how do you believe it contributes to the legal community and public understanding of intellectual property issues?
I follow the principle of writing for those who aren’t familiar with legal terms and need straightforward answers. Coming from a science background, I realize that grasping legal jargon can be challenging. My goal is to communicate in simple language so that even the average person can easily understand the content.
Maintaining a successful career in law requires a high level of self-discipline. Can you share your thoughts on the importance of self-discipline in your professional journey and any strategies you use to stay focused and organized in your work?
Thanks to IP prosecution, whether it’s dealing with patents or trademarks, it’s a field that operates on tight deadlines. Missing a deadline means having to explain, so being self-disciplined is crucial. When you genuinely enjoy your work, you don’t need elaborate strategies; it simply becomes part of your daily routine.
Beyond your legal pursuits, what are your hobbies, and how do you like to spend your free time?
I enjoy experimenting with various activities, ranging from music and dance to reading, and my interests tend to shift over time. Currently, I’m engrossed in watching documentaries.
For students aspiring to specialize in Intellectual Property Rights, what would be your top piece of advice or a recommended approach to gain a strong foothold in this field while still in law school or early in their legal careers?
My approach is simple: read, read, and read. Staying updated on current events, brands, and new innovations is crucial. Reading case laws helps me understand how the court addresses different sections or aspects. I firmly believe in the power of perseverance and the importance of continuous learning.
For our readers who might be encountering you for the first time, could you share a bit about your journey in the legal profession and your various roles in the realms of cyber law, corporate law, and advocacy? Also what made you choose law as your career.
I am LLM in Corporate laws, I started my legal career as legal executive at Thomson Reuters in 2015. I then shifted from Corporate to litigation and worked with Seth associates under guidance of karnika Seth mam in field of Cyber laws, arbitration and litigation .Then I joined AOR training under guidance of Senior Advocate Supreme Court S Janani mam and started my independent practice in Supreme Court from 2020 and qualified my AOR as well. I had passion for law since the scope of law is very vast and also legal awareness empowers women to exist with respect in society.
In addition to your legal practice, you are actively involved in media as a TV panellist and public speaker. How do you balance these different roles, and how has being a media personality influenced your work in law and advocacy?
Yes I am a media panellist and have appeared on various legal issues and debates in DD news, Republic Bharat, Zee News, TV 100, Nation live and others. I believe it’s also important for lawyers to increase awareness on legal issues to prevent crimes from happening .We can balance our media work when we are free from court hearings and being a media personality certainly adds on to your communication skill and confidence .
You are an international arbitrator and mediator accredited in London and Singapore. How does international arbitration differ from domestic cases, and what challenges and opportunities does it present?
Yes I am an international arbitrator and mediator both and the work of International mediation and arbitration certainly is more accountable since you have to generate work for yourself and also meet International standards. In domestic mediation matrimonial and commercial disputes are handled comfortably and are having good and huge scope to grow. The challenges of young lawyers entering is high since big corporates prefer Singapore as base and also retired judges are preferred as arbitrator hence new arbitrators find it tough. International arbitration is a new arena in India and Singapore leads. We look forward to improving international arbitration in India as well.
As the President of the National Cyber Security Council for Women’s Indian Chamber and Commerce Industry, you play a key role in policy making for cyber laws. What are the most pressing cyber threats faced by individuals and businesses today, and how can one stay vigilant in the digital age?
As president of the Cyber Security Council ,WICCI I actively forward representations to PMO and various ministries for better implementation of cyber laws in India. I worked on regulations of OTT platforms and drafting on Intermediary Guidelines And Digital Media Ethics Code Rules 2021. I believe further amendment on Broadcasting Services (Regulation) Bill, 2023 is must and provision of cable Tv Act and TRAI regulation to further make the regulations of OTT platforms stringent is must .Cyber threats such AI crimes Deepfakes; driverless vehicles as a weapon; tailored phishing; disrupting AI-controlled systems; large-scale blackmail; AI-authored fake new s are latest threat and is must to prevent .
By going through news on various crimes happening and latest measures to prevent crime available on google such as internet security, unique passwords etc can help prevent crimes .
Your expertise was sought during the drafting of Information Technology (Intermediary Guidelines And Digital Media Ethics Code Rules 2021. Can you share a bit about your role in shaping these regulations and the key considerations that were addressed?
Yes representation forwarded to the Ministry on adding Singapore based guidelines on age gradation in content of programmes shown on OTT platform was accepted and also the Writ filed before Supreme Court through our Council assisted in regulation of further provision on Intermediary Guidelines And Digital Media Ethics Code Rules 2021.
Please Describe Work Of IEFCI And Also Your Roles As IEFCI President.
The International Economic Forum of Commerce And Industry is one of the leading business organizations, enabling business to secure peace, prosperity and opportunity for all. IEFCI is the institutional representative of various leading companies across the globe. A non-government, not-for-profit organization, IEFCI is the voice of international business and industry. From influencing policy to encouraging debate, engaging with policy makers and civil society, IEFCI articulates the views and concerns of industry. Our Mission is to make business work for everyone, every day, everywhere. We provide networking forums for Industries, Dispute resolution forum that includes international Court of Arbitration and Mediation, legal consultancy in cyber laws, corporate laws and other legal issues, Policy forum, and various Online Courses to empower the Entrepreneurs and professionals to learn better skills.
As President and founder of Forum I have responsibility to appoint various people to prestigious posts and also implement ideas across India through conferences and seminars and coordinate with people apart from handling ADR and ODR disputes.
Please Explain About The International Council Of Artificial Intelligence, Cyber Security, Research And Development (ICAI CARD) And Your Role As Founder And President
International Council Of Artificial Intelligence, Cyber Security, Research and development (ICAI CARD) is an umbrella organization that provides wide ambit of AI and cyber security solutions to Industries and Government and also works towards attaining goals on UN Sustainability. It’s an initiative of Shruti Bist Socio Legal Foundation registered u/s S 8 of Company Act 2013 , Ministry of Corporate Affairs ,India .www.caics.in
Our mission is to attain a high standard of AI and cybersecurity in the country and attain sustainable development goals that require cyber peace and capacity building for cyber resilient development. Technologies of 5G and AI (Artificial Intelligence) have the potential to revolutionise a variety of industries, including medicine, education, and agriculture. We have a dedicated team to research the latest AI related crimes and technology. Our mission is to provide cyber security to Industries and government via legal and tech team and ensure Cyber Swachh Bharat.
As president of Council I am working towards attainment of our goals and mission and make India Cyber safe. I am working designing innovative courses on AI and Cyber laws in collaboration with other Universities and also implementing innovative challenges in AI and Cyber laws to promote the professional skills and campus recruitment in the field .
In your extensive media appearances and speaking events, you’ve covered topics ranging from women’s rights to cybersecurity. Is there a particular cause or issue that you are most passionate about, and why?
Cybercrime related topics and other topics relating to women’s rights in property, Article 370, women’s role in politics and law are my keen areas of interest since it helps women empower themselves and also defend themselves from the latest crimes happening to them.
You’ve received several awards, including the Virangana Award and the Inspiring Citizens Award. Which recognition holds a special place in your heart, and how have these accolades impacted your professional journey?
Certainly the accolades assist in morale boost, social recognition and also inspires us to work further towards attaining the goals of life .
Being a prominent figure in the field of law, how do you unwind and relax in your personal time? Any hobbies or activities that you find particularly rejuvenating?
I like writing Books, listening to music,Yoga, walking and cooking. Its mind refreshing activities.
As someone deeply involved in legal education, having contributed to conferences, e-books, and online courses, what advice do you have for law students and young professionals looking to build a successful career in law?
I advise them to learn law and co relate various laws together in a way that when they read IPC they should also know the provision of CrPc and Evidence applicable and join an internship to learn practical. Joining courses enhances skills they should learn more through distance mode forums available it increases employability in companies.
Can you share your journey and tell us what motivated you to pursue a career in law, from your early internships to your current role as a Managing Associate at Lall & Sethi in New Delhi?
As a child, you would find me engaging in lengthy discussions, be it with my parents, friends, or teachers at school. And my mother’s dedication to social service has always inspired me – despite having a full-time job and two young kids, she never stopped doing whatever she could to give back to those in need. This instilled in me a strong responsibility to give back to society. As law was the way to advocate for people’s rights and engage in arguments, it was a natural progression for me to decide on law as a career. However, as a first-generation lawyer, my first real experience of the practical side of the law was through my early internships, which provided hands-on experience, and solidified my commitment to this career. Now, as a Managing Associate at Lall & Sethi, I continue this journey, driven by the belief that law is a powerful tool for society. My pursuit aligns with a deep-seated desire to contribute meaningfully to society.
You have an extensive background in intellectual property law. Could you explain what drew you to this particular field and share some of the most interesting cases or projects you’ve worked on in the realm of intellectual property?
The arts have always played a major role throughout my life. My mother is a classically trained singer and started training me at the age of three. Thus, having been trained in singing and dancing, and having dabbled in drawing, craftwork and directing, my curiosity was piqued by the interplay between the arts and the law, thus making intellectual property law a natural choice for my specialization. The dynamic nature of this field, especially given the developing nature of the law in India, drove me towards it. Throughout my career, I have had the privilege of learning from and being involved in complicated cases that raised interesting questions of law spanning different fields. One particularly intriguing project involved navigating the complexities of derivative work performed by different artists vis-à-vis the rights of the original artist in the underlying work. Another highlight was considering and advising clients on the interpretation of comparative advertising through implied comparison. One other matter that comes to mind is advising clients on ambush marketing and its implications. I’ve also had the privilege of delving into the interplay between trademarks and geographical indications. These experiences have not only honed my legal skills, but also reinforced my commitment to excelling in intellectual property law.
Your experience includes working as a US and India Associate Attorney. How did you navigate the legal systems in both countries, and what were the key differences or similarities you encountered?
Navigating the legal systems as a US and India licensed Attorney in IP law involves a focus on different strategies. What is interesting is that both countries have similarities in the manner in which they prioritize prior use in the market over the first to file with the government. But the process of registration is very different in both countries. As a US-licensed attorney, I learnt the need to be extremely thorough in running clearance searches before filing a trademark because of the strict nature of examination by the United States Patent and Trademarks Office. Conversely, in India, my focus extended to strategic advisory work, embracing a more solution-oriented approach, as Indian procedure before the Trade Marks Registry focuses on the prior user in the market. The concept of use of a trademark and what is considered sufficient is also quite different in both jurisdictions, thus changing the focus of the advice that one would give clients to prove use in the respective countries. However, despite these disparities, the Indian judiciary often considers it relevant to examine the laws abroad, more particularly in the US, UK and EU when passing orders on interesting points of law. As a result, the development of intellectual property law in these countries is relevant for the progress of Indian law as well. This motivates me to not only keep abreast of new Indian judgments, but to also keep track of changing US jurisprudence in IP law.
You’ve been featured in the World Trademark Review as a top filer in the US. What strategies did you employ to achieve such recognition, and what challenges did you overcome during your time with LegalForce RAPC Worldwide?
Securing recognition as a prominent filer in the US very early in my career was a result of highly meticulous case management, learning the law quickly and efficiently in a manner that best served the needs of my clients, of course with the integration of technological solutions for enhanced efficiency, and a vigilant awareness of evolving trademark laws. Building strong client relationships was a priority, ensuring a profound understanding of their unique needs and fostering enduring relationships. This journey was not without its challenges. As a young lawyer, one learns by immersing themselves fully in the law and its changes by being a voracious reader and also learning to observe their peers, seniors and juniors. Much of my learning relating to procedure was due to the time I spent with paralegals who assisted me in my filings. I realized that effectively managing time and cultivating a collaborative team approach were imperative in order to achieve the best efficiency. Observing my peers and learning from their different styles of being a lawyer also encouraged me to look inwards to find the kind of lawyer I wished to be. This reinforced the importance of maintaining, in me, an unwavering commitment to complete honesty in work and excellence in both client service and legal research.
In your career, you’ve worked on trademark prosecution and enforcement across various countries. How do you approach providing detailed country-specific advice to clients who operate in multiple jurisdictions?
Navigating trademark prosecution and enforcement across diverse jurisdictions demands an approach that harmonizes black letter law with case law and procedural insights. I have had the unique opportunity of being deeply involved in Indian, US and south east Asian legal frameworks which exposed me to the nuances of each country’s laws and procedures. Past prosecution and enforcement experiences combined with discussions with legal counsels in different jurisdictions on a range of matters has provided invaluable lessons, allowing me to anticipate challenges and optimize strategies based on my experiences in those countries. Beyond legal technicalities, grasping the unique dynamics of each country is crucial. Procedural requirements combined with an understanding of how the judiciary reacts significantly impact enforcement strategies. Regular engagement with local counsels fortifies my advisory role, facilitating a proactive response to emerging issues. Of course – clear communication with clients is paramount for me – if I am unable to distill complex legal intricacies into actionable insights, I would not be helping them make informed decisions. Flexibility is key, allowing for tailored approaches that resonate with the legal and business requirements of each client. I always strive to understand the business needs of every client. This holistic method ensures comprehensive and effective counsel, fostering robust trademark strategies for clients operating seamlessly across multiple countries.
As a guest lecturer and judge in various legal events, you’ve had the opportunity to share your legal expertise. Could you tell us more about your experiences in educating and mentoring future legal professionals?
As a guest lecturer and judge at various legal events, I have had the privilege of interacting with inquisitive future legal professionals, especially students in law schools. I encourage students to come forward and ask me any question to help them understand law as a profession as this is one such profession which can benefit people from all walks of life. Through lectures, I convey how black letter law translates to practice in an attorney’s everyday life, highlighting the relevance of judicial pronouncements and legal research.
As a first generation lawyer myself, I have relied heavily on connections I had built over the years, to navigate my journey as a professional. So, my aim in serving as a mentor to students, aspiring lawyers or young professionals is to help them navigate the profession a little better, guide them on refining their advocacy skills and nurture a respect for research and reading. Playing a role in shaping a new cadre of adept, socially aware, and justice-committed legal practitioners is incredibly fulfilling for me personally and I am always available to anyone who reaches out for my guidance.
You’ve earned several degrees in law, including an LL.M. from The George Washington University Law School. How did your academic pursuits contribute to your career, and what advice would you give to law students who aspire to excel in their studies and those interested in intellectual property law and international practice ?
My legal education, an LL.M. from The George Washington University Law School, has been the compass guiding my career. When I graduated from law school with my undergraduate degree, I was still keen on delving deeper into the field that I knew was my calling. So, pursuing a masters was a natural choice and I find myself much enhanced as an overall professional because of this experience.
As Gandhi said, ‘Be the change you wish to see in the world’. To aspiring law students: Blend academic prowess with practical wisdom. Engage in internships, embrace moot courts, and build a network. Excellence demands dedication and a commitment to continuous learning. Success in law is not just about knowledge, but embodying the change you seek. The journey from student to legal professional is a transformative process; let Gandhi’s wisdom inspire your path to becoming a catalyst for positive change in the legal realm. As I reflect on my journey and accomplishments, my advice to fresh law graduates would be to foster a curious mindset, staying attuned to the constant, very evolving legal frameworks. Pursue diverse experiences through actively participating in networking to construct a strong professional foundation. In the dynamic realm of intellectual property, nurture a fervor for research and keeping abreast of the latest legal developments, whether it is through reading judgments or conducting research on the aspects of law which are yet to be explored. With evolving technology, there is an ever expanding scope for the law itself given the ambiguity in the current legal framework that has not changed at the same speed as innovations. So, keeping yourself informed of legal and technological developments is key for any growing professional. As a young lawyer, it is also very important to work towards being the kind of professional you intend to be throughout your career. Prioritizing communication skills, adeptness in communicating intricate legal concepts in a simple, easily understandable manner, establishing a mentorship network to actively seek guidance, never compromising your integrity or ethical standards – are all foundational to a flourishing legal career. It is important to remember that every miss, every challenge and every mistake is a chance for growth, and this commitment to continuous learning will pave the way for a gratifying and impactful journey in law.
Can you share the journey of how you decided to pursue a career in law, especially with a focus on Government Litigation ?
Firstly I would like to thank Superlawyer for this interview and convey my deep appreciation for their endeavor. Law graduates would find my insights useful while planning their professional journey.
Being the second generation lawyer, law was the obvious choice as I have been watching my father attending court. Also the fact that law is one such mechanism which touches human lives .It is one such avenue which can bring about positive changes in this inequitable world.
I got through the National Law Institute University , (NLIU) Bhopal in 2007.I started my practice at Allahabad High Court. After the elevation of my father as a High Court Judge, I shifted to Delhi to practice at the Supreme Court in 2013. One does not start with government litigation in the formative years . I landed with ‘government panels’ after spending considerable time in private practice. By God’s grace , I have been continuing the work for the past many years before the Supreme Court and different tribunals across Delhi. It’s indeed a privilege to be part of a competent team of government lawyers where I get to work on complex and high profile cases. I have gained considerable experience while representing State Governments and Corporations.
With extensive experience in dealing with both State Governments and Corporations, can you highlight a particular case that has been the most challenging or memorable in your career so far?
I have been extremely fortunate to have worked on a wide range of cases.While every case I argue is close to my heart , but the one that stands out is the service matter in which I appeared as a standing counsel on behalf of the Delhi Transport Corporation before Delhi High Court. An Employee had resigned after rendering 29 years of service.The court was inclined to grant relief on equitable ground. I could successfully convince the court that the word “resignation” and “voluntary retirement” cannot be used interchangeably in the case of an employee and thus not entitled to retiral benefits.
Another satisfying case has been of a gazetted government officer wherein I was able to secure the quashing of criminal proceedings as well as divorce under Article 142 of the constitution from the Supreme Court . There were multiple cases lodged by his wife in different districts.
I have had the opportunity to assist the Senior Advocate/Advocate-on-Record(s) in several high profile cases like CBI autonomy ,Triple talaq Article 370 etc to name a few.
How did your academic background shape your perspective and approach towards practicing law?
Apart from my legal background , I believe my law school NLIU played an important role in shaping my personality.Be it moot court participation or time bound completion of research papers involving rigorous research or internships with top law firms have all contributed to my professional growth . The interdisciplinary approach taught there has also enabled me to develop a broader perspective which is helping me to diversify my practice .No wonder , I never found any hurdles in adapting to the distinct practice culture of the Supreme Court after shifting to Delhi from Allahabad (now Prayagraj) in 2013. I cracked the Advocate-on-Record (AOR) exam in my very first attempt in 2019.
It has been an enriching experience to represent the Government of India ,Uttar Pradesh and Uttarakhand before the Supreme Court of India. I also appear before different High Courts like Allahabad , Chandigarh etc frequently.
You have an LL.M. in Cyber Laws and have published articles in prestigious journals. How has the specialization in Cyber Laws influenced your practice, and what challenges do you often face in this dynamic field?
After some years of practice, I wanted to pursue post-graduation However it was not possible to leave active practice and pursue studies. Coronavirus Pandemic provided me an opportunity to pursue a two year masters’ program in Cyber Laws from School of Law and Legal Studies, Guru Gobind Singh Indraprastha University [GGSIPU], Delhi. These two years not only gave me invaluable insights, but also provided me with an alternative perspective that is going to benefit my career as a lawyer.
E-commerce in India is moving forward by leaps and bounds. With it , there are bound to be cyber crimes.We all have seen critically acclaimed web series ‘Jamtara-Sabka Number Ayega’ where the phishing, a type of cybercrime, is undertaken in an organized manner by the village teenagers . I believe that the role of Artificial Intelligence (AI) in the realm of cyber security looks promising.The challenge remains to be seen in respect of effective implementation of AI systems given the fact that such systems are going to be trained in safeguarding data.
As an Advocate-on-Record, you’ve appeared before various courts and tribunals, including the Supreme Court and High Courts. Could you share some insights into the differences in presenting cases in these forums and how you navigate through them?
I believe the approach varies from court to court.This is due to the fact that the jurisdiction of each court is different . For instance, the Supreme Court is not only the highest court of the land but also the final court of appeal.This mandates lawyers taking a different approach which one would not take before High Court or Tribunal(s). It is like identifying the error committed by Court /Tribunal below and presenting it in a limited time frame before Supreme Court judges. The case with the High Court(s) is different as lawyers have the liberty to argue at length.
Practice in Trial courts involve more procedure laws while Higher courts involve mostly appellate or writ jurisdiction dealing with legal issues relating to substantive law. Facts are the main weapon of choice before the Trial courts while Higher courts deal with nuances of law.However, I would add a caveat. Facts are the backbone of every case irrespective of courts involved and lawyers should always be well versed with them .If left to me , I would say that every case is decided on the facts and law helps in unearthing the truth and reaching at the correct conclusion to promote justice.
Given your interest in writing articles and being invited by universities to judge legal events, how do you balance your advocacy work with these academic pursuits, and how do they complement each other in your professional growth?
Being an Advocate actually provides the satisfaction of directly representing the ‘aggrieved’ before the court. Whereas writing legal articles or mentoring law students reflect my commitment of giving back to the legal fraternity.
Both Advocacy and Academic pursuits might be distinct but they are essentially complementary. Writing articles or mentoring allow me to engage with burning legal topics on a broader scale. It provides me a platform to share my knowledge
and insights with my peers. It would be wrong If I don’t admit that writing brings about an in-depth understanding of the legal principles. Meeting ‘like-minded’ professionals is another advantage.
Thus balancing practice with academic pursuits is challenging but immensely fulfilling.
You’ve worked with different government bodies, including the Government of India and various state governments. What unique challenges or considerations arise when representing government entities compared to private clients?
I have been appearing before the Supreme Court of India , Delhi High Court, NCLT, NCLAT, and NCDRC. With over a decade of experience, I personally feel that the case of Government bodies is often strong legally but lacks either professional advice or proper representation. For instance, crucial evidence is not adduced or documents vital for adjudication of the case are not annexed before the Court/Tribunal(s) .Such instances have led to the dismissal of cases before Supreme Court having financial ramifications.
When entrusted with a case , I try my best to go through the records thoroughly and ensure superfluous claims are nipped in the bud and genuine claims, if any , remain for adjudication. Professional fee offered by the Government bodies is although meager but the volume of cases give consistent opportunity to appear before the Courts which enhances one’s nuanced understanding of law , not to forget court craft.
Private clients on the other hand approach lawyers after taking painstaking research about the reputation one enjoys in the market. I found such clients smart and attentive. But the problem crops up when it comes to managing their
expectation especially at a place like the Supreme Court where the dismissal rate of cases is high at the admission stage.
I have been fortunate enough to get the best of both worlds. It has been so far a transformative experience that has broadened my horizons and equipped me with the skills necessary to handle extremely challenging propositions.
As a Managing Partner of Avika Law Offices LLP, and with reported judgments to your credit, what advice would you offer to law graduates entering the profession, particularly those interested in government litigation ?
My journey from a law student to Managing Partner of Avika Law Offices LLP has been a rewarding experience. I would urge law graduates aspiring to enter this dynamic profession to look for good mentors. It is extremely important to have a good chamber in initial years which lays down a strong foundation. Embrace lifelong learning considering the vastness of law as a discipline. Constant updation is sine qua non .Go for additional qualifications to hone skills .There are no shortcuts in this profession. Always uphold integrity.
Lastly, frequent interaction with peers and legal professionals is a fruitful idea as
It provides both guidance and opportunities in the profession.
Could you please share your journey and the pivotal moments that led you to pursue a career in law, particularly in the field of entertainment and media law?
As a teenager, I possessed a skill of questioning and having healthy negotiations at home and with teachers in school towards studies and life. Parents always wanted me to become a doctor or an engineer, however due to my low maths score I couldn’t qualify in either of the fields. Whilst growing up there were property related issues in the family, thus at a very young age I had started reading the legal notices and their responses. The legal language mentioned in such notices was very intriguing for me and as such I was always curious to know the nitty-gritties involved in various types of laws which governed our country. Consequently, before I could complete my 10th grade she had decided to become a lawyer. Also, law does not require any maths or complex chemical calculations. Throughout my school life always had a good command over spoken and written English language and could memorise vast portions of her school syllabus along with general knowledge gained by reading newspapers, these basic skills were enough to have a zeal to become a lawyer and to get into a good law school.
Thus, after completing school in 1999, I got into commerce stream and completed my basic graduation from Mumbai wherein she got to learn about business management and economics. Post that in 2004 I got admission into the 3 year Law Course from Jitendra Chauhan College of Law, Mumbai. In those 3 years I was also interning at a reputed law firm wherein I obtained hands-on experience of drafting the legal language, visiting the High Court of Bombay, meeting counsels, reviewing the agreements, drafting legal notices. Over the period of 3 years my teenage dream of drafting and executing legal documents unfolded and by the end of the internship and law college in 2007 Persis was ready to take on the legal fraternity with her skills of drafting, negotiating and executing legal documents.
On a personal front, during my childhood, my parents used to take me to watch Hindi films in the theatres at Mumbai and thus as a child I always had this thought that someday my name should appear on that big theatre screen in the capacity of a lawyer. Unknown to how life after 2007 would open avenues for me in the media and entertainment sector.
Thus in 2007 after completion of B.com and LLB graduation, I was very aggressive in search of a legal job in the market. As destiny would have it, I secured a job as a Legal Executive in Adlabs Films, Filmcity Mumbai in October 2007. In her tenure of 3 years there, she got hands-on experience in drafting, negotiating and executing all the Film production, distribution agreements. Not only I worked in the legal side of the company but was also fortunate enough to learn the technical side of converting the final film footage into a digital cinema print and distributing the same worldwide. In this tenure I also got a chance of reviewing and negotiating the business conducting agreements wherein the single screen and multiplex cinema chains owners were giving their old cinemas to be refurbished and run under the brand name of Big Cinemas in India. On the other hand, the benefit of working in the entertainment sector was that I got a chance to see and meet many film actors and was also invited to a lot of film screenings and parties. Overall during the entire tenure I had a holistic approach of how the Film fraternity functions and gained the legal and commercial knowledge of each and every aspect involved in the Filmmaking business in India.
Thus by the year 2010 I was sure that I would pursue a career in my lifetime in the Media and Entertainment industry as it was very challenging and vulnerable. Being very hard working and a person who is open to learning new things happening in the industry along with multitasking and managing numerous verticals in the company made me an all-rounder in the media and entertainment industry. All this was possible due to the support of my seniors and friends which I had made whilst working in Adlabs Films.
Given your diverse educational background, how have your experiences at Southwestern Law School, NALSAR University and Mumbai University contributed to shaping your legal career, especially in the entertainment sector?
I graduated in Law from Mumbai in the year 2007 wherein my major subject was Intellectual Property. At that time I thought that field was much more exciting and challenging to be a part of. Back then, the Entertainment and Media Industry in India was not as structured as it is today and people worked with each other based on the relations amongst them. However, it was later that this industry evolved with the agreements and contracts and commercial deal structures. Hence there was a need to further study the market and the laws in depth to cater to this industry. Hence, I later went to pursue her Post Graduate Diploma from Nalsar University, Hyderabad.
In this PGD Course I got a chance to study the laws governing the content which is circulated through cable and radio in India along with the advertisement codes applicable on brands. This was an in-depth study of the laws and real life examples prevailing in the media and entertainment industry. Thus, I completed the course in 2011.
However, post that when I was working for another media company in Mumbai which was dealing with Hollywood studios in Los Angeles, I realized the importance of learning the nuances of the legal framework prevailing in the US entertainment and media industry. Whilst working, I also wanted to learn about the various commercial aspects which are required in structuring the deals internationally.
Thus in the year 2012 I came across a law school named Southwestern Law School, Los Angeles which was providing a masters level 24 credits program in filmmaking, copyright law and commercial deal structuring in the media and entertainment sector. This was an 18 months course for international students who qualify to become a part of this course after passing the TOEFL exam and seeking the requisite score. After a long struggle of another year, I got myself enrolled into the course which commenced on/from January 2014 and graduated in May 2015.
During this course I have learnt and mastered the art and skill of drafting and executing agreements prevailing in the international media and entertainment market along with US Copyright Law. In this course I have learnt the nuisances of the Content Curating Industry. It was during this course that I learned to raise red flags in the script, train the production team and conduct due diligence of the underlying works of any original content and draft commercial agreements towards exploitation of each and every right which are embedded in the content.
Hence, by 2015 I had my qualifications and skills and abilities to take on the legal and commercial work in the media and entertainment industry in Mumbai. In the year 2016 India was also shaping up to acquire a lot of content to make films and/or web-series based on books, remake films into Hindi languages, commercially exploit and earn revenues through sale of theatrical and non-theatrical rights of the Film in India and worldwide. I had not only acquired all the knowledge through my education but also had hands-on experience by working as an In House lawyer for many companies, more particularly studios which were primarily into film making and distribution.
You’ve held key legal positions at prominent entertainment companies such as Eros International, Reliance Big Entertainment, and Phantom Films. Could you highlight some of the unique challenges you faced in negotiating and executing agreements in the dynamic world of film production, distribution, and intellectual property rights?
As an In House Counsel working for the Media & Entertainment Studios it is mandatory to firstly acquire all the intellectual property in the form of copyright embedded in the literary, musical, sound recordings and dance works from the original author of the work. The structuring of the deals are done in such a way that each and every person working on the content is engaged by the producer on work made for hire basis and in lieu thereof the producers have to pay off the monies to these cast and crew people.
On an average we as lawyers have to draft, review and execute more than 100 agreements and contracts on one film or web-series. Most of the crew i.e. the below the line agreements consisting of secondary cast, production artists are templatised and are on automated mode, thus executing them is always a fast track process. On the other hand writer, director and actor agreements are extremely critical to draft and execute as there are numerous clauses to be drafted in the same. The clause needs to ensure that all the intellectual property in terms of copyright and trademark are firstly acquired by the producer and then safeguarded in a diligent manner. Whilst drafting these agreements we as the lawyers representing the producer ensure that the intellectual property existing not only now but in future is also acquired for exploitation. These agreements are more than 15 pages which capture clauses like name, recitals, obligations, consideration, credits, termination, consequences of termination, representation and warranties, indemnity, miscellaneous etc. along with the annexures.
The unique challenges to close these agreements are to get all the lawyers representing the respective talents on the same page and align with the business understandings of the project. Most of the clauses are not acceptable by the producers as the demands from the talents are much more which are beyond the given approved budgets. Hence we either get on con-calls or sit across the table with the lawyers of the actors, writers, directors and musicians to arrive at a consensus wherein all the parties can amicably agree with each other and get the clauses drafted accordingly. Once all the parties have given their approval on all the clauses then the final approved version of the document is circulated amongst all the parties for confirmation and then proceeded towards execution thereof.
The other challenge is that a lot of time goes in negotiating these clauses and commercial understanding of the deal with the lawyers of these talents. We have spent at times more than 10 human hours in a single day negotiating these agreements and turning it around for execution within the next 36 hours. These are the times when our skills and abilities to deliver our work along with people handling skills are being put to test. At no point in time can we afford to lose our patience or get aggressive with the opposite party lawyers as media and entertainment is a very close knit industry and we have to work with such people time and again.
As a Partner at JP Legal Corp, you’re deeply involved in content production agreements and project viability assessments. How do you navigate the delicate balance between creative freedom and legal constraints in the entertainment industry?
JP Legal is best known for providing its clients end-to end services i.e. from Script to Screen.
JP Legal provides personalised services to its clientele wherein its involved in the processes of content making right from the time the literary works for such content is being developed by the writer which is engaged by the Producer.
Once the first draft of the script is being developed JP Legal reads the same and points out the red flags i.e. if there are any names of real persons mentioned in the script, branded products are showcased in the story line, any third party copyrighted materials (i.e. paintings, news footages, photos, music) are used in the script. This is done to ensure that none of the third-party copyrights are infringed in the script. Further in the event any footage, paintings, music is forming a part of the story line, then JP Legal initiates the License Agreements with the copyright owner and producer of the content and legally acquires the license to showcase such third-party material in the content.
Once the final draft of the script along with the above necessary changes suggested by JP Legal is locked by the Producer, then JP Legal trains the production team about the Dos and Don’ts to be followed whilst actual filming of the content to avoid any third-party copyright infringement issues.
In the meantime, whilst the script is getting locked and pre-production period of the content is under process, JP Legal drafts, reviews and executes all the Above the Line Agreements (i.e. Agreements for the Writers, Actors, Director, Head of Departments) and Below the Line Agreements (i.e. remaining crew) and hands it over to the production house. Under these agreements the obligations, representations and warranties of each cast and crew is detailed in depth and all the intellectual property is acquired by the Producer from them in universal perpetuity in lieu of the agreed consideration.
Since Producer can be the assignor of the exploitation rights of the Content, JP Legal also drafts, reviews and executes agreements for Theatrical Distribution Rights of the Film, Non-Theatrical Distribution Rights Agreements like Satellite Rights, OTT Rights, Music Rights etc. with third parties. All these agreements ensure that the content is commercially exploited on every available window worldwide.
The new area of focus and revenue generating window for any content produced is the over-the-top platform. In the year 2020 when the world was hit due to the Covid19 Pandemic OTT’s role became more significant in India as the audience had no other source of entertainment sitting at home.
The top 3 OTT Players are Prime Video, Disney Hotstar and Netflix, other Indian OTT players are Zee5, SonyLiv, Voot, JioTV, Alt Balaji and many others. On an average these OTT platforms require a new show every fortnight of the month in order to cater to the audience of every genre quenching their viewing thirst and keeping them engaged and holding on to the respective content available on the OTT platform.
Most of the OTT players prefer to have content which is based either on the books, real life stories, old TV shows etc. So, the OTT platforms acquire the requisite rights for developing these web-shows from the book publishers, real persons on whom the show is being made or from the satellite companies with whom the old TV show rights are acquired accordingly. If the OTT platforms have any slightest doubt about any underlying rights not being cleared then they will not showcase such content.
Most of the clientele of JP Legal are now inclined towards making content for the OTT platforms, hence at each stage JP Legal is involved with their clients to produce the content as required by the OTT Platforms in accordance with their rules and regulations. In order to be a support system to the clients towards production of the content for OTT Platforms, JP Legal has to from time to time be abreast with the applicable laws of the land and the current market scenario as we not only are a legal function but extend our support to commercial aspects of the content to ensure that the producer earns maximum revenues from the production of such content.
In the Indian content creation industry, a writer is usually considered the most important person to create intellectual property in literary works. Thus, when an audio-visual content piece is developed, JP Legal ensures that a writer’s agreement (s) is elaborately drafted and executed to ensure that the writer has written the original script for the audio-visual content. But, of course, unless the script/story is an adaptation from a book or is a derivative work developed based on original content, then such aspects are in depth captured in the writer’s agreement. Similarly, music composers who create musical works, directors directing the content and the actors who are also part of embodying artistic works are important copyright owners of the works. Thus JP Legal ensures all the assignment of the intellectual property rights stemming from their work is assigned to the Producer.
In the event any of our client is interested in producing a content based on the published Book or remake the content in another language, then we at JP Legal conduct a thorough due diligence of the chain of title on all the underlying materials of the original content is clear from any third-party infringement ensuring that all the intellectual property rights are flowing well from the original author/creator to the final exploiter/producer. Thus, to ensure the same, JP Legal will draft and execute numerous rights acquisition agreements to acquire the original rights from the original copyright owner or author.
As mentioned above JP Legal is appreciated by all their clients because there is JP Legal’s legal and commercial in-depth involvement in each and every content which is created by its client, unlike other law firms who only provide a production pack to their clients. This really sets JP Legal apart from all the other law firms.
Whilst JP Legal ensures that the creative bend of the director is always safeguarded with the legal implications and regulations to ensure that there are no future litigations on the project and all rights of the project are safeguarded and well exploited in universal perpetuity by the producer and recoup all the investments made towards the content in a diligent and timely manner.
Throughout your career, you’ve received several awards, including being recognized as the Best IP Lawyer among 100 Female Lawyers in India. Can you share the significance of these accolades and how they have impacted your approach to your legal work?
I have been very obliged and humbled to every fraternity for rewarding her the awards and accolades for the work done by me in the media and entertainment industry over the last 17 years. From 2019 when I was an In house Senior Manager at Phantom Films and later at Reliance Entertainment Limited, I have been a speaker at many Intellectual Property Forums in India and also had made submissions of my yearly work done to the respective fraternity to qualify for such awards. Thus to be a speaker on the panel the person has to have in-depth subject matter knowledge and confidence to speak on the stage. With the help of my seniors at work and colleagues I had gathered the strength to be on the panel with other renowned IP lawyers. These fraternities conduct a deep research about my profile and work and my speaking skills and then qualify my profile for the awards.
In the year 2023 I was also awarded the 40 under 40 Rising Star Award by Legal Era forum, JP Legal Corp. have been awarded the Lex Falcon Award in Dubai and many more. These awards and accolades always push a person to work hard and achieve their dreams and take a step towards success and get recognition amongst the legal fraternity.
This year has given me an immense pleasure as Legal500 has once again ranked me as a Leading Individual in the TMT Category – India – Mumbai Focus, this ranking means a lot to me as after extensive research and scrutiny this title is being given to a lawyer. Further JP Legal Corp. has also been ranked in the Tier 2 – TMT category & Tier 3 for IP category for India – Mumbai focus for the year 2024. The Legal500 accolade is considered as epitome for me as it elevates me and the law firm over and above other existing firms.
Your social media presence is quite extensive. How has leveraging platforms like LinkedIn contributed to your professional growth, networking, and perhaps even attracting opportunities in the legal and entertainment domain?
In today’s day and age social media is a blessing for all the lawyers as the pace at which they can connect with the legal fraternity and clients is immense. On Linkedin we also reach out to lawyers who are working in the intellectual property area like trademark, patents and seek their advice as and when required for our projects. Also through LinkedIn we come to know about the current employment opportunities prevailing in the legal fraternity and if we have a candidate for the same then we surely reach out and put in a word for the candidate with the employer.
Further, through the LinkedIn portal, I have been very fortunate enough to connect with the various forums or groups who conduct intellectual property seminars across India. Once connected with these forums subject to my availability and the topics being discussed at the seminars, I participated as a panelist for one of the sessions hosted by these forums. Also time and again my profile has been shortlisted for many accolades and awards which through the LinkedIn portal is being publicised and known to the world.
A few reputed law firms practising intellectual property rights and these law firms on a weekly or fortnightly basis issue magazines which mentions about prevailing laws, latest judgements and litigations prevailing in the media and entertainment industry and they also upload the same on Linkedin. I also follow most of these law firms on LinkedIn and keep myself updated about the media and entertainment industry.
Lastly, over the years I have been conducting numerous legal and business workshops in the law schools at Mumbai, Hyderabad and have taught the students about copyright law, drafting agreements and nuances of media and entertainment business. Through the LinkedIn chat box these students also get a chance to interact with me and ask their concerns and seek career guidance for themselves. I surely respond to each one of them as and when time persists.
Thus LinkedIn is a great social media platform for professionals to showcase their career progress, achievements, accolades and seek information on various related topics. I make sure that my LinkedIn profile is well updated and intact with the latest information and news related to herself and JP Legal Corp.
Considering your achievements and experiences, what advice would you give to recent law graduates aspiring to make a mark in the field of entertainment and media law, or law in general?
Today’s generation has a lot of advantages of having access to a lot of social media platforms which provides them with a lot of knowledge and current information. Over the period of years and working experience I have realized that a person has to be evolving with the time and have a complete control and know-how of its surroundings along with current legal and technical knowledge of gadgets.
When I conduct the workshops in the law schools, I emphasize and encourage the students who want to pursue media and entertainment law to firstly study contract act and copyright act in depth, along with that have a fair idea about trademarks and patents. These students should be inclined towards drafting, vetting, negotiating and executing agreements prevailing in the media and entertainment sector. If a student wants to join a studio or production house, firstly that student should acquire knowledge about the businesses conducted by such a company and have a hands down experience in knowing the different types of agreements which will be executed for a particular deal.
In the media and entertainment sector the law students should understand that more than legal knowledge this industry functions based on mutual trust and confirmation between the parties and also respect and value the sentiments of the persons creatively involved in the process of content making, thus firstly the student should have people’s management skill within themselves. Also this industry is very volatile and growing thus the student should be open to learning the new aspects of the business and be able to cater to the same.
Lastly, this industry has no fixed working hours, hence the student should be completely passionate about the industry to work for long hours. Students should have knowledge about the business and have zeal towards working in the industry. To their seniors this will showcase their sustainability in the industry. Also this industry requires a lot of hard work and one should be ready to give their best towards the legal work. Always keep yourself updated with the latest judgements, industry know-how, local laws, commercial deals happening across the industry all this will provide skills and abilities to negotiate the deals in better manner and get the best commercials for the clients.
Can you share some insights into your journey in the legal profession and how you decided to specialize in dispute resolution, particularly in areas such as arbitrations, insolvency, and regulatory practice?
Being the fourth-generation lawyer in a family of reputed criminal lawyers, it was clear that I will build my career in dispute resolution. During internships at various prestigious law firms in Delhi, I had the opportunity to work in various areas of practice in litigation, including Arbitrations, Company Law and Securities Law, which eventually opened new horizons for me. I began to realise that with increasing tribunalisation and diversification of the legal field, one cannot have a short-term vision. I believe that in our legal profession, initial three to five years are most crucial for self-development and therefore, in order to gain as much practical exposure as possible in my initial years, I ventured in all practice areas by associating with senior professionals specialising in different areas like Civil Trials, Company Law, Arbitrations, White Collar Crimes, Telecommunication Law, Electricity Law, Securities Law, Service Law and Constitutional Law.
You have extensive experience representing clients in various high-profile cases before different courts and tribunals. Could you highlight a case that you found particularly challenging or rewarding, and what lessons did you learn from it?
Many of the cases, argued by me, have been widely reported by news and legal journals, ranging from landmark judgments in Arbitration, Insolvency and Commercial Law issues to the judgments granting bail in Delhi Riots case and establishing the principle that ‘holding weapon is not a fundamental right’. I have worked on numerous high-profile cases, including those involving leading FMCG companies, real estate developers, hospitality group, electricity transmission cos., 2G spectrum allocation trial proceedings, challenging constitutionality of provisions of Companies Act, as well as cases related to SFIO, EOW, ED prosecutions involving hundreds of crores, and SEBI and FEMA violation cases. Each of these cases has been a different learning experience, particularly, in forming strategies to build the case in a manner that achieves the desired relief.
I always believe that litigation is akin to a game of chess where you must anticipate three to four steps of your opponent’s preparation accordingly. With time, I have also learned the importance of identifying the “fulcrum of the case”, that one crucial point in the brief around which the case needs to be built. Proficiency in drafting and research is invaluable in devising the right strategy. However, it’s important to emphasize that in my philosophy, I do not discriminate between cases or compromise my level of commitment based on factors such as monetary value or property valuation, or the stature of the individual / organisation involved.
Your career includes handling SFIO, EOW, ED prosecutions involving hundreds of crores and SEBI and FEMA violation cases. How do you navigate the complexities of economic offences and regulatory issues while dealing with such cases?
I have handled economic offences, regulatory violation proceedings and white collar crimes ranging from alleged Ponzi Schemes to alleged manipulation of accounts, incomplete disclosures to regulatory authorities and the 2G spectrum allocation process, where the alleged quantum is in multiples of hundred of crores based on initial investigations., These cases are unique as they require an understanding of accounts, commercial law, criminal intent and ultimate loss or injury caused. Additionally, one must gauge the aggrieved party’s nature of loss or injury caused and accordingly analyse the case. When representing clients in such cases, I adopt the simplest approach of assuming the client is placed at the weakest point and start self-questioning regarding the alleged act as presented, level of involvement shown, possible intent and natural consequences or repercussions on others as well as on the client.
Having worked with various senior advocates and legal luminaries, how has that shaped your professional growth and influenced your approach to legal practice?
In the past 16 years, I have been fortunate to work closely with many legal luminaries, senior advocates, namely Mr. Mukul Rohatgi, Dr. Abhishek Manu Singhvi, Mr. Sudipto Sarkar, Mr. Amit Sibal, Mr. Amarjit Singh Chandhiok, Mr. Dhruv Mehta, Mr. Neeraj Kishan Kaul, Mr. Arvind Nigam, Mr. Ashwini Kumar Mata, Mr. Mohit Mathur, Mr. Vikas Pahwa, Mr. Tarun Gulati, Mr. U.K. Chaudhary and my mentors Mr. Meet Malhotra, Mr. Vivek Kohli and Mr. Sumeet Pushkarna.
From my interactions and close work with all these respected senior advocates, I have learned that one must be a master of the facts of their brief. The entire facts, pages and interconnection of different documents must be mapped in your mind so clearly that you can anticipate the questions from the Bench and opponents and be ready with references in the case file instantaneously. While arguing in Court, you cannot leave grip of the facts because sometimes, you need to frame the argument thinking on your feet. Clarity of thought while preparing the case and explaining the case or arguing in Court is the most crucial aspect to be learned.
You have worked with government departments such as the Central Government, State Government, departments like Delhi Electricity Regulatory Commission, Delhi Transport Corporation, Delhi Jal Board, Employees’ Provident Fund Organisation. How has your experience with these government bodies influenced your approach to handling cases and managing client expectations?
Working with Government Regulators and Departments has been an enriching experience for me. I have had the opportunity to handle a variety of issues, ranging from defending constitutionality of Acts / Rules / Regulations to defending discretion in approvals, licensing, allotment of tenders, as well as intent and implementation of policies & schemes and also dealing with service law related issues.
Being a government lawyer is a position of utmost responsibility. It requires careful handling of confidential files and also defending executive actions, each of which is taken after detailed deliberation and approvals at different levels within the concerned department and ministry. I must commend government departments for their diligence in adhering timelines granted by Courts for preparation of pleadings or compliance with any interim or final decisions. In recent times, government departments have significantly ramped up recruitment of legal officers, leading to an overall improvement in case management at departmental level.
As an Advocate-on-Record with a significant presence in the Supreme Court, could you share some insights into the dynamics of presenting cases before the highest court in India? How do you approach advocacy in such a distinguished forum?
As an Advocate-on-Record, when filing pleadings or presenting cases before the Hon’ble Supreme Court, it is paramount to be thoroughly knowledgeable about the subject matter of the case. Being well-read extends beyond understanding the legal issues at hand, it also entails being familiar with judicial precedents and legal developments pertaining to the relevant statute.
The Hon’ble Supreme Court plays a pivotal role in the ongoing process of evolution of law, adapting to changing societal norms and refining legal complexities. This includes redefining principles of bail, fundamental rights, shaping jurisprudence of economic offences or commercial laws. Therefore, it is imperative to possess a strong foundation of legal knowledge when assisting the Bench.
Considering your extensive experience, what advice would you give to law graduates who are entering the legal profession today, especially in terms of specialization and adapting to the ever-changing legal landscape?
As I mentioned earlier, the initial three to five years in the legal profession are extremely crucial for professional development. Certain good practices, such as reading judgments, if cultivated since the beginning, prove invaluable in the long run. When I refer to “reading”, I don’t mean merely skimming legal news or excerpts of judgments available on various portals but reading the entire judgment – the original text.
Learning should not be confined to assignments alone. It’s only when you immerse yourself in reading and compiling research subject-wise that you can not only identify your areas of interest but also be well-prepared to adapt to the ever-changing legal landscape in any field of law.
Could you take us on a brief journey from your college days, highlighting key experiences or lessons that have shaped your path in the legal profession, leading to the establishment of Charter Law Chambers?
Sure! Starting from my college days, I learned the importance of critical thinking and research skills, which are essential in the legal profession. Participating in moot court competitions honed my advocacy skills and taught me the importance of preparation and presentation. Internships at law firms exposed me to real-world legal practice, where I learned about different areas of law and gained practical experience. Networking with professionals and mentors helped me understand the industry and navigate career opportunities. Overall, my college experiences laid the foundation for my journey in the legal profession, shaping my skills, knowledge, and passion for justice.
Additionally, the passion for justice and dedication to serving clients that were cultivated during college continue to drive the ethos of the law firm, ensuring a commitment to excellence and client satisfaction.
From its inception in 2019 to now, Charter Law Chambers has grown remarkably. What inspired you to establish this firm, and how has the journey been so far?
The inspiration to establish a law firm stemmed from a desire to create a space where I could apply my legal skills, knowledge, and passion for justice in a way that aligned with my values and goals. I wanted to build a firm that prioritized client service, innovation, and making a positive impact in the community.
The journey so far has been both challenging and rewarding. Building a law firm from the ground up requires dedication, hard work, and perseverance. There have been obstacles to overcome, such as navigating the complexities of running a business, attracting clients, and establishing a reputation in the legal industry. However, each challenge has provided an opportunity for growth and learning.
Your profile emphasizes your significant role in electricity regulatory matters. Can you share a specific case or achievement in the energy sector that you are particularly proud of?
My office assisted Adani Electricity Mumbai Limited (AEML) & Adani Electricity Mumbai Infra Limited (AEMIL) before the Supreme Court against a Civil Appeal filed by Tata Power Company Limited-Transmission challenging allocation of a Rs. 7000 Crore, 1000 MW HVDC VSC based Transmission Project, being one-of-a-kind Transmission Project in the City of Mumbai to to AEMIL (100% owned subsidiary of AEML) under Section 62/ non-bidding route of the Electricity Act, 2003, instead of Section 63/ bidding route.
Supreme Court on 23.11.2022 passed a landmark judgment thereby dismissing the Civil Appeal filed by Tata Power Company Limited-Transmission, thereby holding that the Transmission Project was rightly awarded to AEMIL under Section 62/ non-bidding route, and further held that Section 63/ bidding route is not the dominant route
Starting as a boutique regulatory litigation firm, CLC has expanded its practice areas. How did this diversification come about, and what factors influenced the decision to broaden the firm’s scope?
Expanding the practice areas of a boutique law firm involves careful consideration of various factors:
Client demand
Market Analysis
Competitor Analysis
Expertise and resources
Growth strategy
Client relationships
Regulatory considerations
Overall, a combination of market demand, strategic analysis, existing expertise, and client relationships typically influences the decision to expand the practice areas of a boutique law firm.
Being a member of the Supreme Court Bar Association and Delhi High Court Bar Association, how has networking within these professional societies contributed to your professional growth?
Being a member of both the Supreme Court Bar Association and the High Court Bar Association provides invaluable opportunities for networking and professional growth. Networking within these esteemed associations allows for:
Access to expertise
Referrals and collaborations
Mentorship and guidance
Visibility and reputation
Advocacy and influence
Overall, networking within the Supreme Court Bar Association and the High Court Bar Association offers numerous benefits for professional growth, including access to expertise, referrals, mentorship, visibility, and opportunities for advocacy and collaboration. These connections help foster a vibrant and supportive legal community, enriching the professional journey of its members.
Beyond legal practice, you’ve been involved in community development. How do you integrate social responsibility into the ethos of Charter Law Chambers, and can you share a specific initiative that holds personal significance for you?
Integrating social responsibility into legal practice involves a multifaceted approach aimed at making a positive impact on the community. Some instances such as doing pro bono work, policy advocacy and reform, diversity, equity and inclusion.
One such instance would be organising guest lectures at esteemed colleges all over India and holding conferences on in Delhi
Given your involvement in international workshops, like the one in Switzerland, how do global perspectives influence your advocacy, and how do you incorporate lessons from international experiences into your practice?
Overall, a global perspective enhances advocacy by promoting a deeper understanding of international laws and norms, recognising interconnectedness, fostering empathy and solidarity, promoting cultural sensitivity and diversity and utilising global platforms to advance social, economic and environmental justice.
Law is demanding, and stress management is crucial. How do you personally prioritize wellness amidst a busy legal practice, and do you encourage similar practices within your team?
Prioritizing wellness amidst a busy legal practice is essential for maintaining overall health and effectiveness. Overall, prioritizing wellness amidst a busy legal practice involves setting boundaries, practicing self-care, managing workload effectively, fostering open communication, promoting work-life balance, and providing resources and support to team members. By prioritizing wellness within the team, we can create a healthier and more productive work environment where individuals can thrive professionally and personally.
Given your involvement in education initiatives like teaching at Vivekananda College, how important do you think it is for legal professionals to engage in education, and what benefits do you see in such endeavors?
Engaging in ongoing education is crucial for legal professionals to stay current with developments in the law, enhance their skills and knowledge, and adapt to changes in the legal landscape.
As such, continuing education is essential for legal professionals to remain competent, relevant, and successful in an ever-changing legal landscape. By staying informed, enhancing skills, building expertise, fulfilling professional obligations, networking, and pursuing growth opportunities, legal professionals can continue to thrive in their careers and make meaningful contributions to the legal profession and society.
Having over 15 years of experience, what advice would you give to young lawyers aspiring to make a mark in the legal field, especially those interested in energy and infrastructure practice?
As a seasoned lawyer with over 15 years of experience in energy and infrastructure practice, here are some pieces of advice for young lawyers interested in this field:
Build a strong foundation
Specialize and gain expertise
Seek mentorship
Gain practical experience
Network strategically
Stay adaptable and open-minded
Demonstrate commitment and passion
Focus on client service
By following these pieces of advice and continuously learning, growing, and networking within the energy and infrastructure industry, young lawyers can position themselves for a successful and fulfilling career in this dynamic and impactful field.
Could you take us through your journey from college to your first job and eventually to becoming a partner at Majmudar & Partners? What were the pivotal moments or experiences that shaped your career path, and how did you navigate the transitions along the way?
I come from a legal background. My father, Mr. Pravin Merchant, was a practicing Solicitor for over 35 years, and as a result, I was exposed to law early on. I took up different part-time assignments, internships, trainings, etc., even when I was studying in college. However, my first job (as a legal trainee) was at Kanga & Co., one of the oldest law firms. Thereafter, I spent few years in private practice with other prominent law firms, such as Vimadalal & Co., and Gagrat & Co., before moving as an in-house counsel. My transition to being an in-house counsel was under tenuous circumstances. My father passed away in 1995 (when I was in second year law) and the pay standards in most law firms in India in the 1990s was not that high, as compared to in-house profile. Hence, I decided to spend few years as an in-house counsel. Except in a few cases, not many in-house counsels go back into private practice. I went in-house at a relatively early stage in my career and after having spent seven (7) years in-house, I felt that my learning curve had hit a plateau. Though, I had done large private equity deals, negotiated large outsourcing contracts and even built an entire legal department, I needed more challenges, which I thought I could get only in a law firm setting. This was the genesis of my decision to move back into a law firm. As regards my choice of Majmudar & Partners, I knew about Majmudar’s stellar reputation and had even seen their work on a private equity deal that they did against the company where I was the general counsel. The high-quality work, top-tier clientele, and fantastic standing, both domestically and internationally, convinced me that this was the place for me. The transition from an in-house set-up into a law firm was challenging. The key challenge that I faced as an in-house counsel was that of changing my mindset and approach, to be able to think like a client. Additionally, in private practice, lawyers deal with various clients (individuals and companies), which makes it more interesting. To summarise, the main challenge was to switch gears in my overall thinking and perspective, and to give paramount consideration to the business objectives of the company. I believe, I made this transition quite well, and this helps me in my practice today.
Having experienced both roles as a partner in a law firm and as in-house counsel for companies like Tata Housing and Patni Computer Systems, what notable differences did you encounter in these positions, and what factors influenced your decision to transition between the two roles?
Good question. One should understand that the industry and sector plays a critical role for an in-house counsel as regards adapting to the legal function, whereas when it comes to operating in a law firm, one must adopt to the work ethics, culture, etc. Firstly, the in-house lawyer is required to understand the industry and sector in which he or she operates, especially, because vertical line of business brings different and interesting challenges, compulsions, limitations and risk appetite. Secondly, the management approach and focus vary for each business. Thirdly, government rules, regulations and policies vary according to industry, which is not relevant when one works in a law firm set-up. All of this makes it imperative for an in-house lawyer to remain focussed on the sector and ensure that nothing is missed in terms of legal strategy, advice, approach, risk mitigation, etc. I think the foregoing factors did influence my decision whilst working as practicing lawyer as also as an in-house counsel.
Having more than 25 years of experience, you’ve witnessed significant changes in the legal landscape. What key shifts or trends do you foresee in the field of dispute resolution, arbitration, and intellectual property in the coming years? A lot has changed over the years and much of it has been for better. Whilst, it will be impossible to identify all the major shifts or trends, the most important shifts that come to mind are that, judiciary has evolved and matured over the years, the use of technology has become more rampant, the present-day judges are commercially savvy, procedural laws have undergone various changes as also laws on arbitration have become more stringent and focussed after taking cues from cross border arbitration cases. In my view, IPR practice deserves a compliment because it is kind of evergreen in its own right and has gained momentum over the years, especially, with an extensive increase in the use of the internet, matters relating to infringement, counterfeiting, etc., has become more rampant, there is tremendous awareness re brand protection, logos, etc.
You’ve represented clients in enforcing an ICC arbitration award in India. Could you share insights into the challenges and strategies involved in the enforcement process, particularly in the Indian legal context?
This question deserves a comprehensive response, and we could end up writing a complete chapter on this issue. Broadly speaking, over the years enforcement of foreign awards in India has become smoother as the courts have become sensitive towards being pro-enforcement and acknowledging India as a signatory to the New York Convention on enforcement of foreign awards in India. Moreover, there have been various statutory amendments and judicial pronouncements which have helped in reducing the challenges of foreign awards by Indian parties. In my view, the biggest challenge that persists is that of asset tracing and seeking an interim injunction against disposal of the assets.
Your role involves advising on technology and telecommunication matters. With the rapid evolution of technology, how do you stay updated on the latest legal implications and challenges in this dynamic industry?
I have been fortunate to work in these sectors very early on. My first stint as in-house counsel was at GTL Ltd, which was in the business of installation of radio-frequency towers, laying down optic fibre cables, and providing other related telecom services. All of this compelled me to continuous learn, read and stay on top of the regulations, interact with governmental officials, and constantly review judicial precedents touching this sector. I had to adopt a similar approach in the areas of technology. The Information Technology Act was introduced sometime in 2000, which, since then has been the legal backbone in relation to technology law. There has been constant learning, checking new amendments regularly, focusing on the rationale of changes, and then advising clients on a given scenario.
In your recent transactions, you’ve been involved in diverse matters, from challenging telecom regulations to high-stakes arbitration involving global players. Could you highlight one or two recent transactions that you found particularly intriguing or challenging, and share the key strategies that led to a successful outcome for your clients?
In the recent past, we had represented one of the large telecom service providers, operating in the business of mobile portability. The TRAI (telecom regulator) brought in a certain regulation that impacted our client’s ability to do business in India. We assessed the relevant law, regulations and provisions and checked judicial precedents, as also researched on important provisions of the Indian Constitution, and filed a constitutional writ before the Delhi High Court considering that the regulation was impacting our client’s fundamental right to do business. After some deliberation and with excellent arguments made by eminent Sr. Counsels, we eventually succeeded in obtaining a favourable order quashing the controversial regulation. This allowed our clients enormous commercial relief and the time and efforts spent by the firm were highly appreciated.
Amidst your demanding legal career, how do you unwind and recharge? Could you share some of your hobbies or activities that bring you joy and relaxation outside the courtroom or office?
I agree that having a good work-life balance is critical to reduce stress levels and to enhance productivity. To manage stress levels, I spend my mornings in doing some physical training, reading interesting articles, etc. In the evenings, I prefer to simply relax with family and occasionally with friends. My hobbies include reading, going for evening walks, long drives, an occasional movie in the theatre, etc.
Given your extensive experience in the legal field, what advice would you offer to law students regarding the scope of the profession and the mindset they should cultivate while studying law?
Firstly, all law students should opt to pursue this profession, only if they are mentally and intellectually driven to pursue such profession, and not because of any other reason. Practicing law is a serious profession as it demands commitment, dedication, and devotion. If one compares the overall mindset of experienced lawyers versus young law students (including newly graduated lawyers), there will always be a general gap in terms of overall approach, thinking, priorities and perceptions. In my view, law students (or freshly qualified lawyers) are dynamic, aspirational, and savvy, but they lack patience and perseverance. I would like to urge the younger generation to focus on learning, and hard work, and to treat their professors as legal gurus. Law students should understand that there are no shortcuts to success; hence, they should not cut corners. Youngsters should be smart in choosing their internships with firms where they genuinely see interesting client work that can help them apply legal theory in practice.
As a seasoned lawyer, you’ve advised on foreign investment, general corporate matters, and joint ventures. What advice would you give to young lawyers aspiring to specialize in international law or corporate law?
A simple advice to all young lawyers is to take up all kinds of work in the earlier years of their career, namely, matters relating to commercial disputes, arbitrations, securities law, foreign exchange law, employment law, or on general commercial queries, doing due diligence, working on a commercial contract, etc. In other words, never say no to any legal work assigned by one’s senior. After spending around 2 or 3 years as a generalist lawyer, one can pursue the vertical area of practice that is appealing or interesting.
Reflecting on your journey from ILS Law College, Pune, to your current position as a Founding Partner at Pransh Law Offices, what pivotal moments or experiences shaped your career in law and What inspired you to establish a legal practice in Chhattisgarh, and what unique approach does Pransh bring to the legal landscape?
My first encounter with Law was when I was an hour away from my higher secondary mid-term examinations at Symbiosis Junior College, Pune. I had received a call from my inconsolable mother, “Your father has been arrested”. I remember returning to my hometown Korba, Chhattisgarh after my exam and spending months going through the complex legal proceedings. It was then that I studied the law in detail and had a very many meaningful conversations with the lawyers. It took 4 months of hardships before he was discharged of all offences. I believe that’s when I found my true calling and joined ILS Law College in 2008.
At ILS, one had to be self-motivated in order to learn since the College did not mandatorily require anyone to partake in any activity other than attending lectures, which too, ended at 10 in the morning. This meant one had ample time to explore and identify one’s area of interest. I did a couple of internships in Corporate Law during the initial years, but it was my internship with a Senior Advocate in the Supreme Court in my penultimate year that made me realise that litigation was what intrigued me. Therefore, after passing out of ILS, I applied to a few law firms and Senior Advocates in Delhi to begin my career in litigation, however, nothing materialised and I was forced to start my career from my hometown in Chhattisgarh.
In Chhattisgarh, I realised that although opportunities abounded, the learning curve was slow and Seniors did not take particular interest in teaching the nuances of the law to a young graduate. As such, at the advice of my peers, I left my practice in a year and joined Tech Mahindra in their litigation team in Hyderabad. Tech Mahindra had just taken over Satyam Computers at that time, which meant, being involved in several high stake litigations to deal with. I enjoyed my time at Tech Mahindra but since the goal was always to gain experience and come back to Chhattisgarh, I left that job within a year; pursued a Master’s Degree from the National University of Singapore; and founded Pransh Law Offices in Raipur in July 2016.
At Pransh, we believe in keeping things simple. We ensure that our drafts are prepared on time and there are no unnecessary adjournments in Court. We thoroughly research the legal issue involved before giving opinions. We are polite, we do not overcharge, and we keep our Clients up to date with the developments in their matters. We are a team of 11 lawyers who stand shoulder to shoulder in pursuance of holistic growth. We also often collaborate with other firms/lawyers to ensure the best possible outcome for our Clients.
Having pursued your LL.M. in International and Comparative Law from the National University of Singapore, how has your international education influenced your approach to legal practice in India?
Studying at NUS for a year taught me to meticulously draft a legal document after extensive research. It helped me develop analytical skills, since at NUS, we were given reading material a week prior to lectures – where we were supposed to share our thoughts on the reading material. Other than that, the substantive law that I read there has not really helped me yet in my legal practice in India. In fact, a Masters does not really help in litigation, other than the skills one develops, and it is advisable only if academics is one’s calling.
As a seasoned legal professional, you have extensive experience in high-value commercial disputes and advising clients in various industries. Can you share some insights into the challenges and rewards of practicing law in the domains of DDUGKY, Mining, Construction, and Infrastructure?
In commercial disputes, it is important to know the business as much as it is important to know the law. These disputes are mainly governed by a Contract in writing, and therefore, a thorough understanding of the Law of Contracts is extremely important.
Early on in my practice, I got the opportunity to work on several low-stake commercial matters. Every matter had its own complexity where I made mistakes and learnt from them. Over time, it gave me the confidence to take on high-value commercial disputes; since there is no scope for making mistakes in high-value transactions.
One of the many challenges we often face in these domains is to quantify the damages that arise out of breach of the Contract. Courts, after Kailash Nath v/s DDA, have held that even Liquidated Damages have to be proved. Often, Clients – at least in a jurisdiction such as Chhattisgarh – don’t maintain their books of accounts properly to enable lawyers to quantify damages such as loss of profits and profitability. As such, a favourable Award / Order in such circumstances is always rewarding.
Pransh Law Offices covers a range of practice areas. Which area do you find the most fascinating or challenging, and why?
As a firm, my colleagues practice extensively in criminal and civil law; however, I personally don’t have the temperament to practice criminal law. As such, I stick to commercial disputes only.
The fascinating part about commercial disputes is that they can be settled; there’s a quietus to the never ending litigation. I think lawyers have a substantial role to play when it comes to settlement, as they are the ones who initially inform their Clients of the merits involved in the matter. An honest opinion can help litigants make an informed choice whether to pursue the matter in Court or settle.
Your time with the Global Litigation and Arbitration Team at Tech Mahindra involved handling diverse cases. Can you share an interesting or unexpected challenge you encountered during that phase of your career?
We were dealing with a litigation against Tech Mahindra in the Courts at Los Angeles, California, filed by a disgruntled employee who was sent Onsite from India. During discovery, we found documents against the employee; however, the legal costs, publicity, and risks of going through a jury trial forced us to settle the matter. It was then as an in-house counsel that I realised that litigation is not just about the law or proving who is right/wrong. There are many variables and considerations, such as costs, bargaining power of the parties involved, and attitude of the Presiding Officer of the Court, among others, that are to be kept in mind while dealing with a dispute.
Beyond your legal work, you’ve volunteered as a teacher with Make A Difference. How has your experience in community engagement shaped your perspective, both personally and professionally?
During my time at Make A Difference, I was tasked with teaching English to a Class of 4 Juvenile Convicts in a Juvenile Home in Pune. Professionally, it was obviously a very enriching experience since it was hands-on learning on how the Juvenile Justice Act worked. Personally, it was an experience that made me culturally sensitive and socially aware. These Juveniles were some of the smartest 10-year-olds I met who were also grateful for the learning opportunity. It made me trust the reformative form of punishment.
You’ve been recognized for your contributions. Could you share a bit about any notable publications you’ve authored or awards you’ve received, and what those moments meant to you?
I have not had the honour of receiving any of the prestigious legal awards.
My last publication was a result of a sleepless night during COVID-19 graciously published by Bar & Bench on Access to Justice in the State of Chhattisgarh, which can be accessed here:
Although it has been a while since I have done any legal writing, I believe legal writing offers a unique avenue for the expression of creative arguments; which unfortunately, legal pleadings do not provide. Legal writing fosters a dynamic and evolving dialogue within the legal community. I regularly read articles published on “indianconlawphil” and “indiacorplaw”. I can only wish that my practice affords me time to write such enriching articles.
As someone deeply connected to Chhattisgarh, how do you perceive the evolving legal landscape in the state, and what role does Pransh play in contributing to that evolution?
We have been making representations to the Government urging them to establish more Commercial Courts in the State as well as set up other Tribunals like DRT, NGT, and NCLT but to no avail. More Tribunals would mean more opportunities for Lawyers as well as access to litigants. It would also ensure the development of a Commercial Bar in the State, which is non-existent as of date. There is still a long way to go!
Beyond the legal realm, what are your hobbies or interests that bring you joy and relaxation outside of work?
General interests in movies/music aside, I went for a 7-day trek to Har-ki-doon a couple of years ago, which got me hooked on trekking. I make it a point to go on a trek during Court vacations in summer. It allows me to be completely disconnected, reducing the mental strain associated with information overload.
What advice do you have for law students and aspiring lawyers who are navigating their way through legal education and considering a career in law?
a) Politeness is an understated skill to possess; b) Don’t be arrogant, it reflects in Court, and no one likes to deal with an arrogant person – neither the judge nor the client; c) Try and make the job of the Court easier – submit brief written arguments with case compilations, whenever possible; d) Be patient, the learning process is slow; e) Don’t be hard on yourself.
Congratulations on your remarkable 27+ years in the real estate industry! Looking back, your educational journey reflects a focused approach towards real estate from an early age. Can you share what inspired you to choose real estate, and did you always know this was the path you wanted to pursue?
Real estate as an industry has excited me since early childhood. There’s no exaggeration if I say that I decided to become a realtor while I was still studying in school. As I completed my high school education and stepped out to become a realtor, I consumed every little detail about the market (South Delhi) I wanted to specialize in. This happens to be the area I grew up in and to some extent knew inside out. In the days to come, I realized that demand for luxury homes around the area was skyrocketing and there was immense scope to expand my services across different locations so yes the approach was always focussed.
That’s when I decided to partner with locational experts and take my business https://southdelhiprime.com/ to an all-new level. In fact, I’ll say I always enjoyed and still enjoy influencing friends to join real estate
Starting a company is a significant undertaking. What were the most challenging aspects you faced during the startup of South Delhi Prime, and how did you overcome them? Any lessons you learned that you would share with aspiring entrepreneurs, especially from the current generation?
For the 27-odd years that I have been in the shoes of a realtor, not once have I felt intimidated to take the lead. I will credit all the stakeholders who made me feel at ease while crediting myself for putting in the backend work. However, if I have to list one challenge, I’d say it has to do with helping every team member find their purpose while making room for their personal growth and satisfaction.
To achieve this objective, I feel it is necessary to encourage dialogue, mostly 1:1 interactions wherein the leader can understand the teammate’s state of mind and suggest accordingly. Being in the business of selling super luxury homes, managing the art of frustrations and disappointments, having supreme self-belief, and trusting in the process is of paramount importance, thus when every team member is on the same page, I believe can organizations walk collectively in the direction of fastened progress to become a dominant leader in the business. I’d like upcoming startup founders to take note of this.
Given your involvement in luxury real estate, what unique challenges and opportunities do you find in dealing with high-value transactions, and how does your educational foundation in Law aid you in addressing these challenges effectively?
Since we run a 100% referral business there are no major challenges as such because the person approaching us already has the required faith and belief that we’d be able to help them find their dream luxury property. However, there is one realization I have developed in the process, which I believe can act as a great opportunity of success too, which is to be a continuous learner. Also I feel delegation and moving away from micromanagement has helped us in being fully available to our clients – right support at the right time ideology.
In terms of my educational foundation in law, this degree surely complements my role as a realtor by enabling precise contract drafting, ensuring terms are clear and favorable. It aids in compliance with regulations, safeguarding clients from potential pitfalls. Familiarity with property laws and zoning regulations enhances the ability to identify viable investment opportunities and mitigate risks, which can eventually be optimized in the interest of our clients. Furthermore, during deliberations regarding the property’s title chain with either the Seller, the Buyer, or their legal representatives, I am equipped to offer guidance and advice concerning the accuracy of the title, while also facilitating the provision of necessary legal remedies.
You’ve mentioned that South Delhi Prime is the digital arm of ‘SanD Advisory Pvt Ltd.’ How has technology, especially legal tech, played a role in shaping and enhancing your real estate advisory and transaction processes?
I’d like to believe legal tech has revolutionized the real estate landscape by streamlining processes and enhancing efficiency. For instance, automated contract management has helped improve the accuracy and speed of closing transactions and reduced overall administrative burdens. In fact, online platforms always come in handy to provide quick access to property laws, zoning regulations, and market trends, a must-have for realtors and clients alike. Blockchain technology and E-signature tools are other interesting legal tech alternatives, I believe can change the face of the real estate market. I’d conclude by saying that in today’s digital age, what is real estate without legal tech?
As a principal consultant and entrepreneur with a focus on start-ups in the real estate domain, how do you believe your educational background in law has equipped you to make strategic decisions, and what qualities do you consider essential for individuals venturing into entrepreneurship in this industry, especially when navigating the initial legal challenges?
I’d say my educational background in law has helped in shaping my strategic mindset, which I believe is vital for navigating the complex legalities in the real estate landscape. The ability to interpret intricate regulations and negotiate contracts is paramount, something my law background helps me with tremendously. Moving ahead, the essential qualities I believe real estate entrepreneurs need to possess are adaptability to the ever-evolving legal frameworks, a keen analytical eye, and effective communication. Moreover, to be able to navigate initial legal challenges, resilience, proactive compliance measures, and a commitment to ethical practices become mandatory.
With the rise of legal tech solutions, how do you see technology continuing to influence the legal and real estate sectors? Are there particular innovations that have significantly benefited your practice or streamlined operations?
From what I have noticed the surge in legal tech has helped shape the legal and real estate landscape by ensuring efficiency and precision. Innovations like AI-powered contract analysis fasten transactions, while blockchain ensures secure and transparent property deals. Virtual reality enhances property showcasing from the comfort of our homes. For our business per se, digital platforms for market analysis and e-signature tools have been of significance to streamline our luxury real estate business, saving time and enhancing client experiences, which happens to be the ultimate goal of our business.
Considering your proficiency in law, are there specific legal trends or changes in regulations that you believe will significantly impact the real estate landscape in the near future?
As a luxury realtor, who has been around for almost 3 decades now, having explored the traditional way of working to now getting a taste of the best of the digital world offerings, I anticipate several legal trends taking the real estate space by a storm. I’d like to believe increasing emphasis on sustainable and green practices may end up influencing property development regulations. Similarly, data privacy laws shall become vital in handling client information securely, a non-negotiable in today’s times. Zoning regulations could eventually accommodate flexible workspaces. Additionally, emerging technologies, like blockchain, can revolutionize property transactions. These are just some of the many trends I can immediately think of.
With your extensive background in sales and marketing, how do you ensure that legal considerations are seamlessly integrated into the overall strategy of acquiring and selling real estate assets for your clients?
I would say exercising rigorous due diligence precedes each transaction at South Delhi Prime and now Goa Prime, which helps with mitigating risks and placing client interests on the pedestal. Similarly, practicing transparent communication on legal nuances proves equally integral in client interactions, eventually instilling trust. We also make it a point to tweak our sales and marketing strategies in line with the legal frameworks, thus optimizing property positioning. With this approach, we have been able to maximize asset value, safeguard client interests, and set a standard of excellence in the luxury real estate domain.
What made you choose the South Delhi Market? Do legal dimensions change in real estate based on the region and if yes to what extent?
Like I said earlier, having grown up in South Delhi and having known the region inside out was one of the pivotal reasons behind me fixing my mind on the South Delhi luxury real estate market. South Delhi is home and with South Delhi Prime we wanted to make our clients feel at home.
To answer the second part of the question, yes, legal dimensions in real estate do vary significantly based on regions. In fact local laws dictate property rights, zoning regulations, and transaction procedures. From land use policies to contract requirements, regional nuances play a crucial role, making it crucial for realtors to develop a deeper understanding of specific legal frameworks and eventually navigate related complexities.
Balancing the demands of a thriving real estate business with your personal life can be challenging. Tell us more about what your day looks like.
Work days are extremely busy for me. Being a realtor, most of my business associations ride on relationships. To build these relationships, it is necessary for me to step out in the field, go meet people, pass on information, note down their requirements, and ultimately help them with their dream property. One word to describe my routine is Hustle-Continuous Hustle day in and day out.
On starting my day, I tend to finish any e-meets that may be scheduled. Then I drive either to work or the client’s/prospect’s home/office. Breakfast usually happens between meetings. At work, I get done with all that is a priority before again moving to the field to keep in touch with the happenings. Usually, my days are very busy but I have no complaints.
I always dreamt of becoming a successful realtor and today living my dream is what gives me a different kind of high. All the team members share their schedule for the day and I try to join them wherever I am needed and wherever I can. For more than 27 years I have been following one motto – I have to do the most productive thing possible in any given moment. Had read it somewhere and it has stayed with me since🙂
In your experience, how crucial is legal expertise in the real estate industry, and what advice would you give to aspiring entrepreneurs about navigating legal complexities in this field?
I’ll say legal expertise is paramount in real estate as it heavily influences transactions, contracts, and compliance. For aspiring entrepreneurs, I’d suggest understanding local laws, contracts, and staying abreast with the evolving regulations is crucial. Similarly, whenever possible investing in legal education, consulting with experts, and prioritizing compliance to mitigate risks is equally critical to long-term survival and success. A solid legal foundation ensures ethical practices, builds trust, and is instrumental in establishing a successful and sustainable real estate venture, which is why I’d encourage entrepreneurs to not shy away from acquainting themselves with legal knowledge and avoid fearing related complexities.
Ultimately, when acquiring a real estate asset, you are purchasing not only the physical structure or land but also the associated title papers. The integrity of the title papers is paramount, as the real estate asset represents a legacy asset, necessitating legal precision and correctness at 100% each time and every time.
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