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  • “In the realm of M&A, negotiations are the crux, and the art of negotiation is something we can never hone enough” – Archana balasubramanian, Founding Partner of Agama Law Associates, Unveils a Decade-Long Legal Odyssey.

    “In the realm of M&A, negotiations are the crux, and the art of negotiation is something we can never hone enough” – Archana balasubramanian, Founding Partner of Agama Law Associates, Unveils a Decade-Long Legal Odyssey.

    This interview has been published by Namrata Singh and The SuperLawyer Team

    What prompted you to do Law? and then, what prompted you to move to corporate law? And at the end in the whole journey. What made you establish Agama Law associates?

    The question of why law has always intrigued me, dating back to a remarkably early age of around 12 or 13. At that point, my understanding of the legal field was limited, and there were no familial ties to the profession. Nevertheless, something about law captivated me deeply. As a voracious reader during my childhood, I found the prospect of a career where continuous learning was inherent and extended throughout one’s professional life to be highly appealing.

    The realization that law touches every aspect of life dawned on me as I grew older. Unlike professions such as medicine, pharma, or engineering, which often specialize in a single domain, the legal profession offers a unique insight into multiple facets of life. Whether practicing medical law, which requires a profound understanding of medicine, or delving into criminal law, where a high understanding of criminal psychology is crucial, the multifaceted nature of law continues to be a source of excitement.

    Moreover, my enthusiasm for law extends to the generalist role I currently embrace. In a landscape where specialization is often emphasized, my passion lies in exploring diverse areas of law. This inclination was evident from an early stage, a decision supported by my father. This generalist approach allows me to navigate through various legal territories and maintain a broad perspective, which I find both stimulating and fulfilling.

    Reflecting on my journey, the inception of my legal career was marked by this passion and a commitment to continuous learning. It’s a journey that has been shaped by a love for reading, an excitement for the multifaceted nature of law, and a deliberate choice to remain a generalist in a world that often leans towards specialization.

    My legal journey commenced under the mentor-ship of a senior counsel, renowned as the leading shipping lawyer in the country at that time. The realm of shipping law was exceptionally thrilling and lucrative, akin to a gold mine in the legal landscape. Although disputes were relatively scarce due to the industry’s prosperity, my exposure was comprehensive. From witnessing ship arrests to navigating shipbuilding contracts, the experience was enlightening. As junior members in a senior’s office, understanding the intricacies of queuing matters and gauging the dynamics of working alongside a seasoned professional fueled my desire to explore beyond the apparent tip of the iceberg.

    Subsequently, my journey led me to a solicitor setup, where the practice encompassed both litigation and non-litigation matters. This phase afforded me a diverse range of experiences, delving into project finance and mergers and acquisitions (M&A). Engaging in IPO-related work and handling white-collar matters in the court provided a well-rounded exposure. Frequenting both Criminal Court and the High Court for writ petitions enriched my understanding of legal processes.

    Transitioning to a role at AZB marked a grounding experience, characterized by the demanding quality of work and the competitiveness inherent in the firm’s culture. The challenges posed in managing time constraints and a myriad of responsibilities served as a valuable learning curve. This stint prompted a process of unlearning certain approaches, fostering personal and professional growth.

    My inclination towards connecting with people on an individual level led to the establishment of Agama. Originating in a single room, this venture symbolizes my quest to reach out independently and make a tangible impact. The journey, from the initial mentorship in shipping law to navigating diverse legal landscapes, has been characterized by continuous learning, adaptation, and the pursuit of meaningful connections.

    Your experience spans various sectors, from manufacturing to healthcare. Is there a specific industry that you find particularly intriguing or challenging, and why? And how do you break the boundaries and enter that challenge, because this is for the ones who are entering this amazing field of law as you mentioned.

    For lawyers, such as myself, who adopt an industry-agnostic approach, the legal landscape presents a diverse and expansive canvas. Personally, I’ve been fortunate to accumulate a wealth of varied experiences across different sectors. Among the most dynamic and engaging areas of law today is the realm of general corporate law.

    Within general corporate law, several sectors stand out as particularly exciting. One such burgeoning industry is logistics, encompassing a spectrum of aspects, from real estate to road and vehicle-related laws. The logistics industry has witnessed remarkable growth, with emerging players like micro-mobility companies and port operators contributing to its dynamism. Advising clients in this field involves addressing a wide range of issues, including labor matters, especially those with an IT-centric focus. Additionally, logistics offers opportunities to provide counsel on data protection and navigate complex cross-border challenges. The sector also presents instances of high-quality arbitration, especially concerning transport, customs, and international trade.

    Another compelling and niche area that is currently witnessing the development of legal jurisprudence is the regulatory framework surrounding renewable energy. In this domain, there are relatively few lawyers in the country specializing in this evolving field. Personally, I have been privileged to work on projects related to renewable energy, particularly in assisting a client in setting up solar farms in India. This experience has spanned a broad spectrum, involving M&A, regulatory compliance, and labor issues, making it a truly comprehensive and rewarding endeavor over the past one and a half years.

    In the context of fostering growth and cultivating relationships with clients, particularly within the framework of your own firm, could you share insights into how you went about establishing these connections? What strategies did you employ when encountering unfamiliar individuals whom you identified as potential valuable clients for your firm? Additionally, could you elaborate on the foundational values that guided your approach in engaging with clients and ultimately contributed to the development and current standing of your firm?

    The foundation of any long term relationship lies in unwavering mutual trust and mutual value addition. For us, as lawyers, trust is given where we uncomplicate. If businesses can trust us to unwind the complexity in a stressful situation, as fast as possible, instead of taking them deeper down the web of intricacy – we have justified our existence. Navigating the intricacies of being a good lawyer revolves around a crucial ability: the aptitude to unravel complex problems and present them in simplistic terms, particularly from the client’s perspective. The foremost skill lies in understanding the client’s desires, pinpointing their current pain points, and crafting viable solutions.

    Some of the most renowned lawyers often exhibit this proficiency, breaking down intricate legal matters into comprehensible points for their clients. The challenge arises from the fact that clients may express their problems differently due to a lack of legal understanding. Lawyers need to bridge this gap by deciphering the true legal issues beneath the client’s articulated concerns.

    Ultimately, being an effective lawyer hinges on a clear comprehension of what the client wants, an astute understanding of their present challenges, and the ability to provide feasible solutions. The task extends beyond legal expertise, requiring effective communication and translation of legal intricacies into practical and accessible terms for the client.

    Certainly, the process involves two distinct facets: understanding clients and acquiring clients. Acquiring clients, relatively, is the more manageable aspect. It often necessitates showcasing one’s abilities, effectively communicating in the client’s language, and establishing a level of comfort that encourages collaboration.

    In the contemporary legal landscape, companies tend to engage with multiple legal professionals for diverse needs, disrupting the traditional model where a single firm handled all legal matters. As a result, lawyers need to adapt to this shift and recognize that not every point of contact transforms into a client. Identifying whether a client is attainable, either from the client’s perspective or the lawyer’s, is a nuanced evaluation.

    Understanding clients, on the other hand, delves into the core of their challenges and aspirations. It involves deciphering the key issues they face and determining whether the proposed legal solutions align with their objectives. The crux lies in comprehending what the client aims to achieve and guiding them toward feasible solutions. This task stands out as the most intricate part of the process.

    While legal documentation and transaction structuring are essential components, they primarily serve as logistical elements. However the foundational value is to get at the core of what a business needs but is not able to put into words. The value is also to minimize logistical efforts, and hence costs, as far as dispensable without compromising on risk-protection. The true essence lies in grasping whether our efforts effectively contribute to realizing the client’s goals. Therefore, the key to success in the legal profession lies in the nuanced understanding of both acquiring and understanding clients, ensuring that legal services align with and contribute to the client’s desired outcomes.

    Could you elaborate on how you navigate the delicate balance between intricate legal nuances and the broader business context when serving in an advisory role? Specifically, when recommending clients to others, how do you manage this equilibrium, considering that clients hold the reins in decision-making, and advisory services revolve around facilitating their processes and needs?

    As an advisor, I have an obligation to multiple coordination points – the individual seeking advice, the organization the individual is representing, and then the criticalities that both the representing individual as well as the organizational governance may not have full awareness or understanding of and may not have planned to address, yet. It’s crucial to align these aspects. For instance, a client might approach us for a lease agreement, but upon deeper discussion, we may discover they lack essential commercial terms. In such cases, our role evolves beyond legal drafting, extending to advising on business risks and strategic decisions.

    While some clients seek legal interpretations, others welcome comprehensive business advice. The distinction lies in understanding their specific needs. Some engagements involve academic legal exercises, while others delve into strategic business decisions. Being part of this decision-making process is equally enjoyable for us.

    As an advisor, the key is intuitive understanding—discerning whether clients merely seek legal input or require a deeper exploration of their business context. This process takes time and builds on familiarity, similar to understanding friends. Ultimately, aligning with clients’ objectives is paramount in offering effective advisory services.

    Your focus on process-driven risk management systems for startups is noteworthy. What key principles do you believe are crucial for startups to establish a sustainable foundation in terms of legal compliance?

    Sustainable business foundations would involve managing foresight and mapping the pie that a business is trying to negotiate for itself, well in advance. In the sharply agile market that we are witnessing in all sectors thanks to tech advancement and artificial intelligence, a business that desires to sustain itself for any amount of term that is markable, the bare minimum requirement is to cover for risks and obligations that will flow much in advance. Mature entrepreneurs have that foresight to an extent, but fledgling start ups don’t. This is where our experience – and the systems and in-built processes that has led to within our advice – comes in. 

    When startups seek advice, we often encounter two distinct types. Firstly, there are mature entrepreneurs who have prior experience in the field and are advancing their ventures. Dealing with them is relatively straightforward as they possess a solid understanding of the workings, time-frames, and compliance risks. They proactively ask the necessary questions, making the consultation process smoother.

    On the other hand, there’s a different category of startups – those with innovative products or disruptive ideas seeking funding and eager to establish and run their systems. Handling these startups requires a unique approach. With mature entrepreneurs, conversations can delve into advanced levels, as they are already aware of the eventual need for compliance. In such cases, simplifying their journey is achievable by providing checklists and connecting them with essential professionals like company secretaries and chartered accountants. We have a well-established network of professionals with whom we collaborate, facilitating these connections.

    For the latter type of startups, there is a need for a more persuasive approach. Convincing them of the importance of compliance is crucial. As legal advisors, our role primarily involves guiding them on compliance requirements rather than directly handling compliance matters. By effectively communicating the necessity of adherence to regulations, we aim to bridge this understanding gap and help them navigate the intricacies of legal compliance. Ensuring success in the startup landscape today is imperative, especially considering the vast reach of the Internet. I recently came across an intriguing insight in a doctor’s room that resonates with this—suggesting that if you trust Google for health advice, you might as well ask Google to cure you. In today’s digital age, startups often grapple with misconceptions, and my role involves investing time upfront to dispel any misinformation and guide them in understanding the landscape.

    One key area I find crucial is steering startups towards sustainable investments. Beyond mere compliance, many startups, in their early stages, inadvertently sacrifice significant equity and rights. The true victory, in my perspective, lies in assisting startups to secure sustainable investments that will propel the company forward without compromising its core interests. This involves strategic steps to avoid pitfalls and foster the company’s long-term growth.

    In my experience, every startup journey unveils distinct challenges and perspectives, which continually enriches my understanding of the dynamic startup ecosystem. It’s fascinating to approach each situation with an open mind, as the nuances and intricacies vary, offering fresh perspectives and learning’s with every new collaboration.

    Mergers and Acquisitions form a significant part of your practice. Could you share a memorable experience or deal that posed unique challenges and how you navigated through them?

    The turning point in my approach to M&A came when as part of one deal, I had said a big unequivocal “No” on behalf of our clients to one of the deal terms. The counter-party, a significant figure in a large group, was humble and kind enough to not come back aggressively to that position but encourage a dialogue. Which is when it really sunk in how much more are we as “facilitators” instead of hurdles, on deal making, as lawyers. And the art of negotiation is something we can’t ever have honed enough – there’s always some new interpersonal aspect to learn about. Despite his stature, he was kind and humble, encouraging a dialogue to resolve the issue. Such experiences reshape one’s perspective, emphasizing the importance of effective negotiation. Therefore,, when it comes to mergers, the crux, for me,  lies in negotiations. This has been the most significant learning for me over the past decade. Working with an entire team provides a certain level of comfort due to the presence of seniors and super seniors. However, the true learning comes from actively negotiating a transaction and seeing it through, which I believe is a crucial skill for lawyers. My advice to young professionals is to actively seek opportunities where they can lead or negotiate transactions rather than being a part of a larger team.

    In our practice, we have instilled this philosophy from the beginning. Regardless of their seniority, all associates are encouraged to actively participate in negotiations and discussions. This exposure ensures that they grasp the context of the deal and understand the dynamics involving clients and counter-parties.

    One challenge in today’s M&A landscape is the post-deal closures, especially in mergers. While closing the deal itself is significant, the groundwork post-merger is equally crucial. Nowadays, many companies handle this in-house or enlist the help of consultants, making it essential for lawyers to understand the entire process.

    Lastly, for young professionals aspiring to excel in M&A, I recommend dedicating effort to understanding the regulatory landscape. Regulatory filings, particularly under the Competition Act, offer a unique perspective. Arguing why a particular combination is not detrimental to competition provides valuable exposure that significantly enhances one’s understanding of M&A in the Indian legal context. If time permits, M&A is an excellent avenue for learning the diverse facets of law.

    Your contributions to various publications and your recognition as a thought leader reflect your commitment to sharing insights. What motivates you to contribute, and how do you stay ahead in an ever-evolving legal and business landscape?

    Lawyers often claim they don’t read enough due to the fast-paced nature of the legal landscape. However, staying ahead requires continuous reading, networking, and engaging with the legal community. Isolation isn’t conducive to legal work; interacting with peers, meeting business professionals, and fraternizing with others are essential for effective practice.

    In terms of recognitions, accolades, and awards, one values recognition for their writing. Encouraging everyone in the company to write, regardless of seniority, expands minds and provides a broader perspective. Writing on various subjects not only benefits the company but also enhances the individual’s understanding of the overall legal landscape. It is most satisfying being approached for stories on POSH and labor-specific law over the past ten years by leading magazines. This recognition, despite not being a senior labor lawyer, is particularly meaningful.

    It would do well to acknowledge the significance of industry magazines and editorial efforts, such as IBLJ, for recognizing lawyers. This recognition makes younger lawyers feel like a vital part of the legal community and boosts morale, especially when attempting to create something parallel to established setups. The credit goes to those in editorial roles who contribute to highlighting the achievements and perspectives of lawyers outside the traditional legal hierarchy.

    Your recognition as a finalist for “Woman Lawyer of the Year 2023” and other prestigious awards is impressive. How do such recognitions impact your approach to your work, and what advice do you have for young lawyers aspiring to make a mark in the legal field?

    Personally, every morning when I wake up, the motivating factor is knowing that clients rely on me. There’s nothing more inspiring than the realization that I can contribute to their businesses. Additionally, my team is waiting for me each day, and our discussions about ongoing issues drive me to be there for them as we work to advise clients. It’s a dynamic mix of client needs and team collaboration that fuels my motivation.

    Speaking of recognition’s, it’s a relatively recent trend. When we left law school, there weren’t as many accolades for lawyers. While I value these recognition’s and they undoubtedly make one feel good (who wouldn’t want to be called a top lawyer in the country?), it’s crucial for young professionals to understand the importance of building their CVs continuously. Every task, from writing an article to advising a client, should be documented. Keeping a record of your learning experiences allows for recollection when needed, whether for award submissions or networking. This proactive approach helps people remember you, and at our firm, we ensure everyone records and reflects on their work regularly. It’s about considering what could have been done better, what went right, what went wrong, and identifying areas for improvement. In the fast-paced world, reflective practices might not always be feasible, but being mindful of this can significantly contribute to personal and professional growth, fostering a sense of pride and accomplishment.

    In an era of increasing data concerns, you’ve been actively involved in data protection agreements. How do you assist clients, especially those in software creation, in navigating data protection compliance and mitigating associated risks?

    In today’s globalized business landscape, privacy has become a crucial factor due to the vast amount of data available to businesses. The handling of data is emerging as a key cost-driving factor, influencing how companies operate. For instance, there is a shift towards keeping data within specific geographical boundaries, like storing Indian data in India and EU data in the EU, driven by government directives, especially in developed countries. While some governments mandate these practices, in India, it’s often seen more as a compliance requirement.

    Our approach to reviewing data protection agreements or privacy documents varies based on the client. With Indian clients, we emphasize the need for compliance, advising against drafting anything they can’t adhere to or might require additional funds for compliance. Privacy is considered non-negotiable, and non-compliance, especially for European clients, can result in significant fines. We often assist clients dealing with European parties but processing data in India, guiding them through transfer impact assessments to ensure compliance.

    The introduction of the Data Protection Act (DPA) is expected to enhance the infrastructure for protecting citizens’ privacy. However, we acknowledge that the existing Information Technology Act and rules, if implemented effectively, could serve a similar purpose. Enforcement, though, remains a challenge due to the complexity of procedures, such as involving the cyber cell or the legal system. With the DPA, many principles are being codified into law, reflecting legislative intent. While this might not drastically alter the groundwork for companies, it does offer more avenues for data subjects to seek enforcement.

    Beyond your professional achievements, what personal interests or activities contribute to your growth and well-being outside the legal realm?

    I believe, like many lawyers, I do face challenges when it comes to taking care of my health. I wish I could prioritize my well-being more and achieve a better balance. However, what takes up the majority of my time is my family, as we have a fairly large one. Balancing work and family is a constant challenge, but we make efforts to promote healthier eating habits within our family.

    For me, mental well-being is crucial, considering the demands of the legal profession. Small things at home can become sources of stress, so learning to switch off when at work and using tools like reminders helps manage personal commitments. Technology, in this sense, plays a significant role in helping me stay organized, reminding me of tasks such as buying a gift for my son.

    While it’s challenging, I’ve learned to establish boundaries between work and home life. Despite the difficulty in today’s fast-paced world, I make an effort not to work when I’m at home. Being part of a family of professionals, with my husband also being a lawyer, helps create routines that prioritize family time, especially on weekends.

    Achieving this balance is different for everyone, and I acknowledge that it’s not an easy task. Personally, I wish I could find more time to read nonfiction, as I used to read several books a year, and now finding time for even one or two is a challenge. However, it remains something I’d love to prioritize in the future.

    Get in touch with Archana Balasubramanian-

  • “There is nothing in this universe that goes to waste.” Channel your energies positively, maintain steadfast faith, and be assured that your efforts will lead to success. First-generation lawyer R.V. Prabhat, Advocate-on-Record at Supreme Court of India.

    “There is nothing in this universe that goes to waste.” Channel your energies positively, maintain steadfast faith, and be assured that your efforts will lead to success. First-generation lawyer R.V. Prabhat, Advocate-on-Record at Supreme Court of India.

    This interview has been published by Namrata Singh and The SuperLawyer Team

    We are delighted to have you for this interview. To kick things off, could you please introduce yourself and share what led you to pursue a career in law, especially with a focus on arbitration and civil-commercial litigation?

    Thank you for having me. I am R.V. Prabhat, an engineer who transitioned into the realm of law, now practising independently in Delhi with a focus on civil-commercial laws, constitutional matters, and arbitration law. My journey into law was somewhat serendipitous. During engineering, a family property dispute piqued my interest in the field of law. This experience, combined with my keen interest in current affairs and policy, steered me away from conventional engineering paths towards a legal career. I am a first-generation lawyer with no direct or indirect background in law.

    The choice did not seem logical to close relatives and well-wishers at the time, but if you are clear in your head what you want to do at the end of the day, that more or less settles the issue. Today, I am happy I took the plunge. 

    I chose to pursue law at the prestigious Indian Institute of Technology, Kharagpur. The thrill of interpreting laws, formulating arguments, and persuading judges to see things from your perspective is exhilarating. It is this intellectual challenge and the dynamic nature of litigation that cemented my decision to build a career in litigation.

    Throughout my law course and subsequent internships, I was consistently drawn to the complexities and nuances of arbitration and commercial disputes. With a background in engineering, I was drawn to the analytical aspects of legal disputes, and arbitration offered a dynamic arena where technical knowledge often plays a crucial role. The satisfaction of unravelling complex legal scenarios and advocating for a client’s position is unparalleled. This passion for litigation and a desire to make a meaningful impact in the legal landscape continue to drive my career as a litigator.

    With degrees in engineering and law, as well as completing the Executive Level of the Company Secretary course, your educational background is quite diverse. How has this multidisciplinary foundation influenced your approach to handling legal cases?

    My multifaceted educational journey has been pivotal in shaping my approach to legal practice. The analytical skills honed during my engineering degree is invaluable, especially when dealing with cases involving complex technical details. It enables me to dissect intricate issues and understand the underlying mechanics of a dispute, which is often critical in technical litigation cases.

    Further, the insights gained from the intermediate level of the Company Secretary course have deepened my understanding of corporate governance and compliance. 

    This multidisciplinary background empowers me to view legal issues through a wider lens, considering various angles and potential implications that might not be immediately apparent. Beyond my formal education, I maintain a keen interest in history, current affairs, technological advancements, and policy changes. I firmly believe that the practice of law is based on continuous learning.

    Overall, the combination of technical knowledge, corporate governance insights, and a broad interest in various disciplines has helped me to bring a unique and comprehensive approach to handling legal cases, often leading to more holistic and effective solutions for my client

    As an accomplished author in the legal field, your commentary book on Arbitration Law has received praise from eminent jurists. What inspired you to venture into legal writing and how does it complement your legal practice?    

    Writing, for me, has always been a profound way to crystallise and disseminate my experiences and insights gained through legal practice. The acclaim my commentary on Arbitration Law received, notably from esteemed jurists, was both humbling and affirming. I owe a debt of gratitude to Eastern Book Company, and particularly to Mr. Sumeet Malik, for their pivotal role in the success of the book.

    The act of writing, in my view, is an exercise in clarity and rigour. It exposes any logical inconsistencies in one’s understanding and compels a thorough comprehension of the subject matter. This process of writing and articulation began during my law school days, under the mentorship of Prof. Dr. Uday Shankar. 

    In the legal profession, where direct advertising of one’s capabilities is not allowed, writing serves as a vital medium for a lawyer to showcase expertise and contribute to the broader legal discourse. It is a pathway through which the world gets to know and understand our legal acumen and perspectives.

    Moreover, the legal profession and academia are intertwined. The depth of knowledge required for writing and the very process of organizing and presenting one’s thoughts in writing contribute significantly to a lawyer’s ability to reason and argue with clarity and coherence. In essence, my venture into legal writing is not just a parallel academic pursuit; it complements and enriches my legal practice, offering a platform for continuous learning and intellectual growth.

    You’ve been empanelled as legal counsel for prestigious organizations like ONGC, ECL, NHPC, and NCL. How does your role as Senior Panel Counsel for Union of India contribute to your professional growth, and what unique challenges does it present?

    As a first-generation lawyer, these roles have provided me with a consistent platform to present cases in court, which is invaluable. As in any profession, the maxim ‘practice makes perfect’ holds particularly true in law. Regular court appearances have honed my advocacy skills and deepened my understanding of legal nuances. Working with government departments has introduced me to the complexities of bureaucratic decision-making processes. Navigating these intricacies has been both challenging and enlightening, significantly enhancing my comprehension of governmental legal frameworks as well as my understanding over administrative law and constitutional law principles. This experience is instrumental in broadening my perspective, enabling me to see cases from both private and public viewpoints. Understanding the motivations and constraints of government entities offers a unique vantage point that enriches my legal strategies for private clients. The learning derived from balancing the interests of private clientele against public responsibilities is profound. It’s not just about legal knowledge; it’s about developing an intuitive understanding of varying perspectives and leveraging this insight to craft more effective and nuanced legal strategies. This dual perspective is invaluable.

    You’ve written on diverse legal topics, but your article about “Balancing Act: Reassessing the Safe Harbour Provisions In the Age of Digital India and Global Connectivity” caught our attention. How do you stay updated on emerging issues in the legal landscape, especially in areas like technology and data protection?

    Staying current with the rapid advancements in technology and data protection is indeed crucial in the modern digital era. To ensure that I am up-to-date with these evolving legal areas, I actively engage with a variety of academic sources, frequently attend seminars, and participate in legal forums dedicated to technology law and data protection. This field, by its very nature, is dynamic and constantly evolving, which necessitates a commitment to continual learning and a proactive approach to stay informed about the latest developments.

    In 2023, the transformation of the Data Personal Data Protection (DPDP) Bill into an Act marked a significant milestone with profound implications on everyday life and legal practice. My involvement in the constitutional challenge of the Aadhaar Act before the Supreme Court’s constitutional bench provided me with a unique perspective on these matters. This experience was instrumental in developing a deeper understanding of data protection laws in India.

    From the early stages of the conceptualization of the DPDP Bill, I have been closely monitoring and analysing its development and continuously engaging with subject matter.  Keeping pace with these changes is not just a professional requirement but a personal interest, as these advancements shape the legal landscape in which we operate and have far-reaching effects on society as a whole.

    What upcoming projects or areas of law are you excited about, and what goals do you envision for your practice in the coming years?

    My legal practice, characterized by its dynamic nature and diverse challenges, keeps me thoroughly engaged. As an independent practitioner, there is an inherent need to balance current commitments with a forward-looking approach towards emerging areas of law. I am particularly excited about delving deeper into the realm of technology laws, specifically focusing on the Digital India Act and the Data Protection and Digital Privacy (DPDP) Act and Constitutional law. My objective is to contribute significantly to the existing legal landscape through comprehensive writing projects in these domains.

    Having recently passed the Advocate on Record (AOR) exam, a major focus for me in the coming years is to increase my presence in the Supreme Court and various High Courts. I aim to seize every opportunity to argue and present matters at these higher judicial forums, enhancing my skills as a litigator.

    In addition to my practice, I am passionate about sharing my knowledge and experience in legal education. I am currently teaching a course on Alternative Dispute Resolution at IIM Bodh Gaya, and I plan to expand my teaching engagements to other law and business schools. This involvement in academia is not just about imparting knowledge; it’s a reciprocal process where teaching sharpens my understanding and argumentation skills, ultimately enriching my capabilities as a counsel.

    Overall, my vision for the future encompasses a blend of active legal practice, scholarly writing, and academic contributions, each reinforcing the other in my quest to become a more effective and knowledgeable legal professional.

    You’ve successfully represented multinational companies in high-stakes arbitration disputes. What unique challenges do such cases pose, and how do you navigate the complexities of international legal matters?

    Representing multinational companies in high-stakes arbitration disputes has been a journey filled with unique challenges and profound learning experiences. There are 3-4 cases, each in a different domain of law, which have not only improved my skills as a lawyer but also gave me the required confidence to have a sense of self-belief to compete and sustain at the highest level. 

    One of the most pivotal experiences in my career was a complex construction arbitration against a public sector undertaking (PSU), which I handled at a relatively early stage of my career. This opportunity, graciously provided by my former senior, was a significant turning point. It imparted lessons and insights that years of working under a senior or within a firm might not have offered. As is often said, the most profound learning comes from first-hand experience. The responsibility of representing a client in such high-stakes scenarios necessitated an extraordinary commitment, leading me to dedicate countless nights in pursuit of a successful outcome. This particular arbitration dispute played a crucial role in shaping my journey as a legal counsel.

    Another defining moment was my involvement in a constitutional challenge before the Constitution Bench of the Supreme Court. The process of daily briefings and brainstorming sessions with some of the most esteemed senior counsel in the field, coupled with the experience of appearing before the nation’s highest court, reinforced my belief in my capabilities to perform at the topmost level of the legal profession.

    A piece of wisdom from the octogenarian Mr. Fali Nariman, as mentioned in his seminal autobiography, has been a guiding light and holds me in good stead in my approach to legal problem-solving. He advises “Always remember, it is better to spend more time thinking about a case than merely reading the brief”. This approach has consistently helped me in unravelling complex legal issues, allowing me to develop more comprehensive and effective strategies for my clients.

    In sum, navigating through the complexities of domestic and international legal matters in high-stakes arbitration cases demands not just a deep understanding of legal principles but also the ability to think innovatively and persevere through challenging circumstances.

    What’s your favourite thing about living in the capital city, and do you have any go-to spots or activities that you enjoy in your free time?

    Living in New Delhi offers a blend of vibrant culture and intellectual stimulation. The city provides endless opportunities for exploration and relaxation. For me, the true essence of New Delhi lies in its diversity and the myriad experiences it presents.

    In my free time, I find great joy in simple yet fulfilling activities. I often indulge in sports, which serve as a perfect counterbalance to the mental rigors of legal practice. Engaging in physical activities provides a much-needed mental refresh.

    Another passion of mine is reading, and there’s no better place for this than Bahrisons’ in Khan Market. It’s a haven where I can immerse myself in the world of books, often losing track of time.

    When it comes to unwinding, I’m not particularly fixated on specific spots; for me, it’s more about the company I’m with. Exploring New Delhi’s diverse culinary scene with friends is something I thoroughly enjoy. The city’s gastronomic landscape is as diverse as its culture, offering everything from local street food to high-end dining experiences. It’s these moments of shared meals and conversations that I cherish the most.

    In essence, living in New Delhi is about embracing the city’s dynamic character. This city always has something new and exciting to offer, making every experience unique and enjoyable.

    For aspiring lawyers looking to specialize in arbitration and civil-commercial litigation, what advice would you give based on your own experiences and the evolving landscape of legal practice?

    Drawing from my experiences and the ever-changing legal landscape, I would emphasize that patience, self-belief, and hard work are fundamental. Litigation is a field where rewards and recognition often come over time, not overnight.

    One valuable piece of advice that has been handed down to me by my seniors, and which I find particularly relevant, is the importance of focusing on the present. Commit to learning something new each day. A practical way to do this is to read at least one case law daily. This steady, incremental learning will compound over time, significantly enhancing your legal acumen.

    Set your goals high, aim for the peak, but do not be daunted by the journey ahead. Instead of being overwhelmed by the distance you have yet to travel, find solace and motivation in each step you take forward. Seek mentorship and guidance whenever possible; the insights and advice from experienced practitioners are invaluable.

    Remember, no opportunity for learning is too small or insignificant. Embrace every chance you get to grow, be it through complex cases or seemingly minor legal tasks. 

    Stay humble and grounded. Keep your friends close. Maintain strong relationships with your peers and colleagues. 

    Swami Vivekananda’s words resonate deeply in this context: “There is nothing in this universe that goes to waste.” Channel your energies positively, maintain steadfast faith, and be assured that your efforts will lead to success.

    Get in touch with RV Prabhat-

  • “No matter how much law school prepares us, real life challenges take you by surprise”- Goutham RV, Counsel at Trilegal

    “No matter how much law school prepares us, real life challenges take you by surprise”- Goutham RV, Counsel at Trilegal

    This Interview has been published by Pragya Chandni and and The SuperLawyer Team

    Can you share the pivotal moments or experiences that led you to pursue a career in law, especially in dispute resolution?

    My journey to law was somewhat pre-destined, but I had not accepted all the signs. Growing up, I frequently visited courts with my father, a trial lawyer. Ironically, those visits initially deterred me from considering a legal career. But my disinterest in traditional science subjects made the writing on the wall clearer. During my higher secondary education, I was introduced to the unique world of law schools. This new perspective piqued my curiosity, and eventually, I found myself at NALSAR.

    It was during my time in law school that my path – as a disputes lawyer – became clearer. Reading Justice HR Khanna’s “Neither Roses Nor Thorns” profoundly influenced me. His principled stand in the Habeas Corpus case, especially his dissent, was both inspiring and instructive – this continues to be my favourite judgment and anchor of sorts.

    During law school, all my internships, predominantly centred around dispute resolution and this further cemented my interest. I saw first-hand, how enjoyable advocacy was and I resonated with it and took an active interest in moot courts. Come placement time, I heard NSE was visiting college for recruitment. Given that there are only a couple of exchanges in the country, and the role on offer involved litigation management, it made sense to work at NSE.  My selection for this position marked a significant turning point.

    Working at the Exchange, I was involved in several high-stakes litigation cases. While I prepared for the cases in detail and worked on strategies with external counsel, it was in the courtroom, as an observer, that I felt my calling to litigation. These moments in court crystallized my decision to transition from an in-house role to becoming a litigating lawyer. My mentor at NSE encouraged this shift, and Trilegal, where I now work, gave me the opportunity to realize this aspiration. The rest, as they say, is history.

    Your experience at NSE involved handling multi-faceted regulatory disputes. Can you shed light on the challenges you faced and the strategies you employed to navigate such complex regulatory issues?

    No matter how much law school prepares us, real life challenges take you by surprise. Although we studied a few of the legislations pertaining to the securities market, it is such a niche area with heavy regulatory oversight that the first few months felt like a return to the academic rigor of college.

    The first crucial lesson at NSE was understanding its dual nature. Firstly, it acts as a regulator of first instance, governed not only by a myriad of laws such as SCRA, SECC, and the SEBI Act but also by its own set of Byelaws, Rules, and Regulations. These are essential in overseeing every facet of the Exchange’s operations. Secondly, the Exchange operates like any other business, facing similar risks and requiring innovative strategies to remain competitive. My role was to bridge these two aspects seamlessly. This meant ensuring that new product ideas proposed by the business teams aligned with the regulatory framework established by SEBI. One strategy I personally employed revolved around prioritizing the Exchange’s regulatory responsibilities, ensuring all other initiatives conformed to this framework. A testament to this balancing act was our success in obtaining an exemption from the CFTC, a major U.S. regulator. This achievement, though time-consuming and challenging, was a significant milestone for us.

    As a key member of NSE’s proposed IPO team, could you share some takeaways from working on such high-stakes projects?

    Working on the NSE’s proposed IPO was a lesson in managing a multifaceted operation involving numerous stakeholders. You have the Company, the selling shareholders, the BRLMs, the Bankers, the Auditors, separate legal counsels for each of these stakeholders etc., and the Exchange’s proposed IPO was a landmark project for all involved. This complex process demanded extensive efforts from every department within the Exchange, with the legal team being no exception. In addition to providing information on the outstanding material litigations, we were also liaising with our internal teams and the Exchange’s external legal counsels (both domestic and foreign), who held the pen on the DRHP. Further, we were negotiating and finalizing all other agreements with the multiple intermediaries, all of which had its own challenges. 

    For me, the process was immensely challenging yet fulfilling. Successfully filing the DRHP within the established timeframe was a testament to our collective hard work and coordination. The experience underscored a vital management lesson for me: with well-defined goals, clear role delineation, and assigned responsibilities, even the most daunting tasks and deadlines are achievable. This endeavour reinforced the wisdom of the adage, “If you want to walk fast, walk alone. But if you want to walk far, walk together.” It was a powerful reminder of the strength in collaboration and shared purpose.

    Apart from the above, another intriguing aspect I gleaned from the IPO process is the concept of “self-listing.” Ordinarily, a company selects a stock exchange for its public listing. However, when stock exchanges themselves decide to go public, they have the option to list on their own platforms, a choice motivated by various factors. This practice is permitted in some jurisdictions, but my understanding is that SEBI ultimately did not endorse this approach. As a result, the country’s exchanges have to list on the competitor bourse. 

    Transitioning from being a Deputy Manager at the National Stock Exchange to becoming a Counsel at Trilegal seems like a significant shift. What motivated this transition, and how did your role at NSE influence your current focus on dispute resolution?

    At its heart, advocacy is about effective communication. This involves understanding the law, applying it to the facts of your case and ultimately seeking a relief for your client. This aspect of the legal profession has always been deeply fulfilling to me. While at NSE, I found myself on the periphery of advocacy, close yet not fully immersed. Thus, my transition from in-house role was motivated by my need to be in the driver’s seat. My confidence in my communication skills drew me towards dispute resolution.

    Coming from an in-house background, I had a clear understanding of the motivations behind corporate litigation, whether for strategic positioning, financial gains, reputation management, preserving shareholder value, or avoiding setting precedents. This insight has been invaluable at Trilegal, where I can effectively align with and contribute to our clients’ litigation objectives. My tenure at NSE taught me the importance of understanding the fundamentals first – we had to learn how a service / product worked, the legal and regulatory regime / challenges around it, the external risk-factors etc. and break all of this down to a Judge, who did not necessarily specialize in the securities market. This is an approach I continue to adopt with my current Clients and their cases. By understanding a client’s business and the rationale behind their litigation, I can create a clear and effective legal strategy. Therefore, lessons learnt during my time at NSE continue to be guiding lessons / principles in my current work.

    Moving to your current role at Trilegal, you deal with a wide range of matters, from civil / commercial disputes to white-collar crimes. How do you approach these matters across diverse areas of law, and what challenges do you typically encounter?

    The firm receives a wide-range of commercial disputes mandates – arising from large shareholder disputes, complex lending transactions, cross-border IP disputes, the list goes on. Similarly, the firm also receives a wide ranging white-collar crime mandates – say internal investigations into corporate espionage, IP theft, misappropriation of funds etc., and these may result into various kind of proceedings before the Criminal Courts. In addition, we routinely appear in mandates challenging local municipal laws, arbitrary government action and the like. The challenges we face in these mandates vary – it could be us dealing with foreign clients who are new to Indian legal ecosystem (and thus managing expectations), not having the luxury of time, logistical challenges in execution of a strategy, to name a few.  

    The approach I adopt in all these matters, irrespective of the diverse areas of law, is rudimentary. First, we meticulously review all the documents Clients share and prepare a comprehensive chronology of events – noting even seemingly minor details relevant to the case. Second, deep dive into the relevant laws, revisiting first principles, statutes and commentaries rather than relying solely on online resources or case law databases. This critical process helps identify both the strengths and potential obstacles in the client’s case. Third, once we have the legal and factual framework, we strategize the most effective path to achieve the client’s goals. This process will include all stakeholders internally, including the Partner. Once we internally deliberate this, we go back to the Client and give them all the options on how we can drive the matter and go on about executing it, based on their instructions. In my experience, these initial steps are crucial for successful outcomes and managing multiple cases simultaneously.

    During your time as a secondee at Allstate India, what was your role? How did this experience impact your perspective on the intersection of legal and business functions?

    At Allstate, my role was essentially that of an in-house counsel, a position I was already familiar with. My primary responsibilities included managing contracts and providing internal legal advice.  My background in dispute resolution enabled me to identify red flags in the standard contracts and negotiate more effectively with vendors and their legal counsels. Over time, I gained insights into the company’s common legal challenges, leading us to review and streamline their standard contract templates.

    In my opinion, most companies see their legal team as cost centres,. he business teams which are keen on getting the revenue, see the legal team as roadblocks or business barriers. This perspective can lead to business teams overlooking crucial contractual provisions such as indemnities, representations, warranties, and dispute resolution clauses, either due to a lack of understanding or the misconception that these are mere boilerplates not warranting attention. While it’s true that these clauses may never be invoked during the life of the agreement if all things go smoothly and as planned, the real value of a well-negotiated indemnity clause, for instance, becomes evident in challenging times, potentially shifting liability away from the company. So this stint reaffirmed my belief that a strong in-house legal team is not merely a cost-centre, but a vital asset that can prevent unnecessary expenditures. Such teams can actually be very effective in ring-fencing the Company from foreseeable and unforeseen risks, thereby preventing value erosion. A competent legal department is instrumental in balancing business aspirations with realistic legal perspectives, ensuring a holistic approach to risk management and decision-making – a message that I reiterate to business teams I work with usually. 

    With your extensive experience in handling high-value disputes, could you share a specific case that posed unique challenges and the strategies you employed to achieve a favorable outcome?

    While there are several cases I could reference, confidentiality constraints prevent me from sharing specific names or details. It is key to note that each case throws unique challenges of its own and as such, our strategies need to be flexible and adaptable. A rigid litigation strategy often leads to less desirable outcomes.

    For instance, in a case involving a shareholder dispute with a foreign institutional investor client, the primary conflict was between domestic institutional investors and the company’s promoters, who had made broad allegations that also implicated our client. Initially, we planned to respond to these allegations directly. However, we soon realized that such a strategy would unnecessarily draw attention to our client in a dispute that was primarily between other parties. Consequently, we revised our approach, choosing to specifically address only the most serious allegations and then shifted our focus to the legal intricacies of the case. This allowed us to take a more reserved role. As the conflict escalated, involving cross-appeals and arbitrations, our client began to be perceived as a neutral entity and was gradually removed from the core of the dispute (we were either formal parties or not arrayed as a respondent altogether). This strategic shift not only limited our client’s legal expenses but also enabled them to divest from the company without loss.

    Contrastingly, in another shareholder dispute, our approach was entirely different. We aggressively addressed each allegation and actively litigated before various foras, to preserve shareholder value and safeguard company assets, amidst a battle between majority and minority stakeholders. This experience underlined the importance of maintaining a dynamic and responsive strategy in litigation.

    As an alumnus of the National Academy for Legal Studies and Research (NALSAR), Hyderabad, what aspects of your legal education do you believe have been most valuable in shaping your career? Additionally, what advice would you give to fresh graduates aspiring to pursue a career in law based on your journey so far?

    Reflecting on my academic journey at NALSAR, Hyderabad, I realize it’s a narrative too rich and complex for a brief summary. Suffice to say, the true value of NALSAR lay in its exceptional faculty, who fostered an environment of independent and critical thinking – a mode of learning that was entirely novel to me. Equally significant was the company of my peers, a group of incredibly driven individuals with clear objectives and ambitions. Their presence was a constant source of motivation, pushing me to surpass my perceived limitations and achieve things I never thought possible.

    Looking back, the most crucial lesson from my college experience is the belief in the boundless potential within ourselves. To the graduates embarking on their legal careers, I want to impart this wisdom: the path may seem daunting, and it’s natural to feel overshadowed by others who appear more accomplished. However, remember that your journey is unique and will unfold in its own time. Treat yourself with kindness, acknowledge your achievements, and maintain patience, a vital trait for any legal professional. Trust in your journey, and know that perseverance will guide you to your destination.

    Lastly, for those looking to have a career in disputes resolution at law firms, do you have any tips / suggestions?

    I believe litigation – whether in a law firm or independently – requires the same set of skills. Law firm cases may often be high-stake or involve significant amounts, but the fundamental approach remains the same. A few things to consider: 

    • Integrity is key to this profession and your reputation. Do not rely on shortcuts and keep all your dealings above board. 
    • Patience is crucial. You might find yourself waiting for extended periods in court, only to speak for a brief minute. Achieving the results your client desires often requires persistent effort and time. Stay patient.
    • Time management is essential, especially early in your career when tasks may seem overwhelming. Gradually, it becomes more manageable. Be prepared to deal with urgent cases and client demands, sometimes with little notice. It’s better to devote extra time to fully understand a case than to be unprepared in court.
    • Develop a reliable process. Being thoroughly acquainted with both the facts of your case and the relevant law is vital. Establish a method that works for you and apply it consistently to each new client or case. 
    • Emphasize teamwork, particularly in a law firm setting. You’ll likely be handling multiple cases simultaneously, so coordinating effectively with your team is key. Remember, you can’t be in two places (read as court halls) at once, so dependability and ownership are important.
    • A quick and sharp presence of mind is essential for dispute resolution lawyers. While you can take time to respond to client queries, the same isn’t true in court. Being unprepared could lead to immediate decisions from the judge, potentially unfavourable to your case.
    • Understanding the concepts is far more important than knowing sections / citations. The concepts should be so clear, that even a common man can understand your iteration of it.  

    Get in touch with Goutham RV-

  • Humility, Combined with expertise, is the key to successful client interactions in the legal profession. – Nandita Khurana’s evolution from Litigation to International Corporate Leadership, Sr. Partner (Public Policy and Regulatory Matters), Anhad Law

    Humility, Combined with expertise, is the key to successful client interactions in the legal profession. – Nandita Khurana’s evolution from Litigation to International Corporate Leadership, Sr. Partner (Public Policy and Regulatory Matters), Anhad Law

    This interview has been published by Namrata Singh and The SuperLawyer Team

    We would love to know about your journey from the college days in Delhi University to becoming a senior legal other than that  you are in the leadership role with  companies. So please share your journey and how you reach there. And what were your learning’s?

    Yes, my journey began in Delhi, where I spent a significant part of my early life due to my father’s service in the income tax department. Although we moved around a bit, we eventually settled in Delhi. After completing my education at Convent of Jesus and Mary, I joined St. Stephen’s College and later pursued law at Campus Law Center, predating the establishment of National Law Schools.

    I graduated in 1984 with honors in English from St. Stephen’s and then pursued a full-time law course at Campus Law Center, completing it in 1987. The career landscape in those days was limited to professions like engineering, medicine, and law. Considering my passion for communication, I briefly explored the possibility of entering the field but eventually focused on law, drawn to its capacity for expressing opinions and views.

    During my law studies, I engaged in extracurricular activities such as hosting state shows and working as a radio jockey. After graduating, I joined the Supreme Court and gained valuable experience representing the State of Gujarat. The supportive environment of the judiciary at that time encouraged young lawyers like me to present cases confidently.

    Following my time with Mr. Shroff, where I also contributed to legal aid work, I moved on to work with Rani Jethmalani and gained exposure to commissions, primarily MRTP (now Competition Commission). After a brief stint in an independent law firm, life happened, and personal priorities led to a temporary pause in my legal career.

    As India opened up, I joined law firms such as IILC and later Singhania and Company, gaining experience in mergers, acquisitions, and foreign funding. Despite enjoying criminal law, I found myself increasingly involved in women-centric matters due to gender biases prevalent at the time.

    However, by 2005, I reached a point where I realized I had my fill. The joy of being in courtrooms had waned, and I felt that continuing was a futile investment of my time.

    Making the decision to prioritize my enjoyment and satisfaction, I acknowledged that my heart was no longer in the legal battles. Fortunately, I’ve been blessed with unwavering support from my family—especially my husband and children—who have consistently encouraged my pursuits in life.

    In 2005, I decided it was time for a change. Returning to the legal sphere, I joined Kochhar & Co. and immersed myself in corporate law once again. This period, spanning about one and a half years, proved to be a rejuvenating experience as I rediscovered my enthusiasm for the intricacies of corporate legal matters. Subsequently, I ventured into in-house counsel roles, including a significant stint with Michelin in Singapore, where I served as General Counsel for India and Australia. The role expanded to overseeing the legal aspects of a billion-dollar factory setup in India.

    Upon returning to India, I continued to evolve within Michelin, eventually taking on the role of Regional General Counsel for Africa, India, and the Middle East. The company’s culture of constant growth and challenges suited my evolving professional aspirations.

    In 2016, I embraced the additional responsibility of Public Affairs Director. This dual role continued until my departure in August 2022, marking around 14 years with Michelin—a period where I found satisfaction and continuous learning.

    Post Michelin, I transitioned back to the legal side, collaborating with the law firm Anhad Law as a Senior Partner. Additionally, I contribute to the legal education sector by teaching LLM at IILM, a private law university known for its MBA programs.

    My life extends beyond the legal profession, and I find fulfillment in various pursuits, living a well-rounded life beyond being just a lawyer.

    I’m eager to delve into your roles as an independent director and consultant in legal and public affairs. Could you elaborate on your approach to these responsibilities? Furthermore, what guidance would you offer to someone seeking to comprehend these roles? Additionally, could you shed light on why it is imperative for businesses to actively engage in social cooperation?

    Certainly, you’ve presented several questions simultaneously, and I’m considering the best order in which to address them. For now, let’s explore the significance of ethical organizations.

    When we talk about ESG (Environmental, Social, Governance), it encompasses policies that underscore our responsibility towards the environment and future generations. Establishing a robust governance system is crucial for ensuring sustainability. This awareness has gained traction globally, with a notable surge in the last few years, emphasizing the three Ps—People, Profit, and Planet.

    The growing emphasis on responsibility towards the planet is a response to the evident repercussions, as we witness the environment reacting to our actions. People are increasingly demanding that organizations be socially conscious and considerate in delivering projects and services. Consumer consciousness has played a pivotal role in shaping corporate practices.

    In the past, companies focused solely on profitability when relocating production to countries like China, often overlooking environmental and labor conditions. However, this paradigm has shifted. The impact of consumers’ demands for ethical practices has led to a change in how companies operate globally.

    For instance, let’s consider the tire industry, where I have substantial experience. Michelin, as a tire company, has long prioritized the production of “green tires,” considering environmental aspects in its processes. This commitment to ethical production not only contributes to environmental sustainability but also aligns with the consciousness of consumers. People are now more inclined to avoid products that are perceived to harm the environment or have unethical production processes.

    This shift in consumer behavior has prompted corporations, governments, and semi-governments to establish ethical processes and systems. While profit remains a driving force, companies have realized that ethical practices contribute to better profits. This movement has evolved into a self-sustaining cycle.

    As we discuss this, it’s essential to acknowledge a sense of righteousness that comes with contributing to positive change. There’s a shared responsibility among companies, employees, and consumers. Establishing transparent, visible, and easily accessible systems is crucial. Companies must educate their employees, align their ethics with societal expectations, and constantly work towards building a sustainable ecosystem.

    For someone starting their career, I would advise thorough research before accepting an offer. Young professionals today play a significant role in shaping the future, and making ethically aligned choices can lead to a fulfilling and prosperous career. It’s about more than just chasing money; it’s about contributing to a sustainable and responsible future.

    Could you elaborate on the intricate dynamics between antitrust, corruption, and compliance? Additionally, what proactive strategies do you believe businesses should employ to navigate through the prevalent legal and ethical challenges, especially considering the contemporary norm where discussions on ethics, technology, compliance, and ethical standards have become commonplace? How do you perceive this affecting companies directly and, consequently, their profits, their personnel, and the broader impact on the planet?

    You’ve likely heard the saying, “No point bolting the stable door after the horses have bolted.” This essentially means that addressing issues only after they occur is not effective. When we discuss critical topics such as ethics, privacy, competition, and other impactful considerations for organizations, it’s clear that consequences can be severe. Every organization is naturally concerned about repercussions and seeks to address issues proactively.

    However, waiting until after an incident has occurred to take action is insufficient. Organizations have learned, often from the experiences of others, that by the time they start addressing a problem, it might be too late. It’s crucial to establish systems and processes beforehand. Successful organizations, whether global or socially responsible entities with a long-term vision, have robust risk management systems in place.

    Creating a risk map involves defining top risks across various categories, such as legal, technical, regulatory, and financial risks. For legal risks, compliance with laws, antitrust concerns, and data privacy are often significant considerations. Identifying major risks is just the beginning. To effectively allocate resources, organizations must differentiate between higher and lower risks.

    Key management personnel or directors often face direct penal or significant financial risks. Once high risks are identified, working with teams to develop a risk mitigation process is essential. This process includes implementing policies, providing education, conducting regular internal audits, and periodic external audits.

    By conducting a comprehensive risk mitigation exercise, organizations are better equipped to handle potential issues when faced with regulatory authorities. While mistakes and slip-ups may still occur, being well-prepared significantly improves an organization’s ability to navigate challenges. This proactive approach not only benefits the organization but also provides peace of mind to its consultants, advisors, and external teams who want to see the organization thrive. It emphasizes the importance of performing these exercises long before trouble arises, as once a crisis hits, control may already be lost.

    When we are dealing with complexities in international legal cross border transactions and other aspects.How do you see yourself focusing on that? Because when we start we do not realize that it’s only legal issue. So How have you learned that combination thing, and What would be your views as in when you are trying to explain these things to the Newbies. How to Be focused, find a calling, and then only get into a job or get into a work. But how does that work? How do you suggest that can work for them.

    When delving into international legal compliance’s, understanding your client goes beyond viewing it merely as a legal matter. It’s crucial to comprehend your client’s business thoroughly. While legal issues, especially involving contracts, have transitioned to digital platforms with the advent of technologies like ChatGPT, It’s becoming a lot easier while contracts is a big part of what you, as a lawyer in any organization international or national, will do.

    The first step for any lawyer, even external consultants, is to ask pertinent questions and gain a deep understanding of the client’s business. Drawing from personal experience working in-house and collaborating with international players, it became evident that understanding the client’s business is paramount. International consultants often visited factories, observed processes, and interacted with various teams, not just the legal department. This holistic approach provided diverse perspectives.

    To be effective in the legal field, one must adopt a business-centric mindset. Understanding the larger picture involves grasping the culture, values, and driving force of the business. Lawyers are integral, but they must recognize their role as a part of a more extensive machinery. It’s not about preventing actions; it’s about guiding clients on how to navigate within legal boundaries.

    This approach is essential for lawyers to add substantial value. Whether in-house or external, spending time to understand the client’s business creates a lasting partnership. Lawyers become invaluable advisors when they align legal advice with the client’s business objectives. Rather than hastily providing answers, the emphasis should be on asking the right questions and comprehending the nuances of the client’s business.

    For aspiring lawyers, the message is clear: be patient, ask the right questions, and understand the client’s business intricately. The goal is not to dictate terms but to collaborate effectively. The tendency for some lawyers to have an inflated opinion of themselves and talk down to clients is discouraged. Humility, along with expertise, is the key to successful client interactions in the legal profession.

    In your role, how do you actively foster awareness and cultivate values of humbleness and humility within the legal community? Particularly, while instructing LLM courses and other legal programs, How do you ensure that students grasp the significance of simplicity, humble conduct, and the avoidance of the traditional tendency among lawyers to assert authority over clients? Could you share your motivation behind these efforts and the strategies you employ in this regard?

    I wouldn’t term it as a specific strategy. To be completely transparent, when I teach, I’m fortunate to have a class of professionals, all of whom are qualified lawyers. I encourage them not only to express their thoughts but also to question and challenge not just me but the established norms. I urge them to bring innovative perspectives to the table because this generation, although confident, is incredibly intelligent. They respond well to friendly conversations and are open to embracing new ideas and challenges, more so than previous generations. I try to nurture their curiosity and inclination to question, making them more open-minded.

    Allow me to share an example. In one of the courses I teach, “Law and Justice in a Globalized World,” we delve into legal theories, which can often be perceived as dull. However, during the class, I observed an enthusiastic group of students. Recognizing differing opinions, I transformed it into a debate, providing a safe space for them to challenge each other on sensitive topics like religious freedom. I encouraged open discussion, allowing them to express their views, whether positive or negative, as a form of catharsis. The outcome was fascinating, with diverse theories emerging, and it turned out to be an enriching experience.

    By exposing today’s students to such humbling and learning experiences, I believe they become adept at considering various perspectives. It’s crucial for them to grasp that their opinions may not always be the only correct ones. These experiences instill humility and a continuous thirst for learning. While I can guide them in the classroom, life remains the ultimate teacher, and maintaining a questioning and curious mindset is vital for personal and professional growth.

    What do you believe are the key qualities that make a successful person an entrepreneurial leader? And how do you see? how do you think that you can instill this kind of win-win environment in your own leadership style? And we can learn from that particular thing? How did you do that for yourself?

    I have consistently maintained an open and transparent communication style, coupled with a genuine enthusiasm for acquiring new knowledge. A fundamental aspect of my approach is the pleasure I derive from collaborating with individuals and functioning as a team player. Throughout my journey, I’ve come to realize that the learning process is perpetual, and I humbly acknowledge that there is always more to explore. I firmly believe that working together with others is the most effective and rewarding way to achieve common goals.

    Maintaining open lines of communication is crucial. Respecting others and acknowledging that they possess knowledge and perspectives I may lack fosters a positive working environment. Taking responsibility for actions or inaction’s is another vital aspect. While some may feel hesitant or scared, building confidence, even if it requires a bit of false bravado, is important, especially in leadership roles.

    Confidence, coupled with knowledge, tends to get recognized. It’s about accepting the role as someone capable and being open to new ideas. Many individuals, despite their intelligence, often undersell themselves. I’ve observed that even highly intelligent people may hesitate to articulate their thoughts or needs. Soft skills, including effective communication and public speaking, are essential for success, and I believe there should be more emphasis on developing these skills in our educational and professional journeys.

    Given your experience in fostering relationships with CXOs, clients, and government departments, what role do you believe effective communication plays in the success of a legal professional, both in and out of the courtroom?

    First and foremost, a solid understanding of your subject is imperative. Attempting to navigate without a thorough knowledge is not a strategy. It’s crucial to recognize that the individuals on the other side of the conversation are likely well-versed in the subject matter as well. Therefore, thorough preparation is key, and it’s a form of respect towards those you’re engaging with. Honesty plays a pivotal role in effective communication.

    Being forthright and transparent is essential. Some might withhold information for various reasons, but effective communication requires openness. Whether interacting with C-level executives or individuals at lower organizational levels, the approach should remain consistent. Transparency, honesty, and respect should be extended to everyone, regardless of their position.

    Moreover, active listening is paramount. Responding to questions appropriately and addressing concerns reflects attentiveness. People want to be heard, and effective communication involves not just expressing your thoughts clearly but also genuinely listening to others. It’s a two-way street, and understanding the questions posed is crucial for maintaining the flow of the conversation.

    Is there a particular achievement or project in your career that you are especially proud of, and would like to share with our readers? Also what advice would you offer to the upcoming generation, Specially the generation one, because they always have this feeling that if I’m Gen.1 there is a possibility we would not get that pampering.

    Absolutely, there’s no denying the presence of nepotism in the legal industry, just as it exists across various professions. While it might be more accessible for second or third-generation lawyers, I can personally attest to the fact that being a first-generation lawyer isn’t an insurmountable hurdle. I come from a lineage where my father studied law, but never practiced, and my grandfather’s experience with the legal system predates my active involvement.

    Breaking into the field might not be instant, but with hard work and sincerity, opportunities will come your way. It’s essential to discover your passion within the legal landscape—whether it’s litigation, in-house work, or exploring the expanding realms of quasi-legal roles in public affairs and regulatory domains.

    Today’s legal professionals have a plethora of opportunities beyond traditional roles, providing a chance to find a niche that truly resonates with their interests. It’s crucial to experiment, explore, and identify what brings genuine happiness because longevity in the profession requires fulfillment.

    As for my own achievements, every milestone, no matter how significant at the time, pales in comparison to the long-term success of overseeing the establishment of a billion-dollar factory in India. Commencing in , this venture involved navigating complexities, securing approvals, addressing corruption issues, and developing comprehensive legal frameworks. Witnessing the first product roll off the production line was a moment of immense pride.

    Beyond financial victories, I consider creating an ethical and compliant organizational culture as one of my most substantial achievements. This involved instigating change, imparting global corporate norms to local teams, and fostering an environment where individuals could thrive without compromising personal ethics. The recognition from the government, acknowledging our entry into India without financial obligations, stands out as a testament to the success of building this ecosystem.

    While I can recount various legal cases and wins, the real excitement lies in the trans-formative projects that contribute positively to society and business.

    Get in touch with Nandita Khurana-

  • “Transparency, direct counsel, and a relentless commitment to securing the best results for clients” – Embarking on a three-decade journey from litigation to global business leadership, Priti Suri, the Founder and Managing Partner of PSA, Legal Counsellors.

    “Transparency, direct counsel, and a relentless commitment to securing the best results for clients” – Embarking on a three-decade journey from litigation to global business leadership, Priti Suri, the Founder and Managing Partner of PSA, Legal Counsellors.

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Could you share a bit about your journey from starting as a litigator to becoming a business lawyer? How has your overseas experience shaped your approach as a business lawyer, and what valuable insights have you gained from working across diverse legal landscapes?

    When I joined the legal profession, it was the norm to work with a senior practitioner in the courts. My first job was with Mr. Pran Nath Talwar, a senior advocate at the Delhi High Court who was the Standing Counsel for DDA. I worked with him for two years, from July 1986 to July 1988. Mr. Talwar was a stellar lawyer with a razor-sharp mind. Every day he regaled me with stories about the law, about life and always insisted we read the jurisprudence deeply and fully and learn how to apply it. He underscored the devil is always in the detail and to ensure we know full facts before starting to think of the merits or demerits of a case. I was fortunate to get solid grounding with him. 

    Subsequently, I left for the US to study further and then had opportunities to work there. My work with the large US law firms exposed me to and gave me insights on the western large firm model functioning – a deeper and different kind of professional ethics, to structured processes and systems, to development of a profound sense of responsibility for the advice we give to clients on the basis of which corporations were going to take decisions, to concepts of negligence if our advice was incomplete or inaccurate. After I moved to Paris, initially for a year, in a pre-Google era, I confronted different challenges including juggling work in a country where the native language was not English and I did not speak a word of French. I had no option but to take up the challenge and do what I had to. I was thrown into the deep end of the pool and simply had to figure out how to swim if I did not want to drown. I did not get anything easy, and, in hindsight, I am glad it was that way. Eventually, my one year in Paris became five! 

    Since my formative professional years were spent overseas, my work experience in both the US and in Europe shaped me enormously and provided insights on how to work which now, over decades, are part of my DNA! My clients reinforced that transparency is key when advising and it is best to be direct, without providing circuitous or ambiguous counsel. Eventually, we must remember they act on our recommendations, relying on our expertise. Plus, there is always a human impact as eventually people implement. So, it is crucial to understand the ramifications of what we say, when we say, and how we say. The work environment coupled with the commitment and diligence towards the tiniest of matters made me realize that regardless of the country, some key fundamentals are global: work hard truly, honestly with the key objective of securing the best result for your client and it will not evade you. All my lessons, professional learnings and value systems garnered from my clients, peers and seniors from around the globe always pointed to one thing only – work hard and the results will come. I suppose it is the age-old wisdom from the Bhagavad Gita. I firmly subscribe to the view that there are no shortcuts to success. Let your work speak for you and do not look for excuses. 

    Congratulations on being named “Woman Lawyer of the Year – India & Middle East” and the recipient of the “Mayre Rasmussen Award” for promoting gender equality. How do these accolades impact your commitment to gender sensitization, women empowerment and equality within the legal profession? 

    Thank you very much. Of course, I am very grateful, but the accolades came much later. Legal awards are a relatively recent development, while I have been personally, deeply committed to the advancement and nurturing of women lawyers in India since I returned to set up the practice. As a first-generation woman lawyer, setting my own firm in the late 90s was a huge challenge in every aspect, be it law firm management, execution of work, finding and training teams. Slowly, but surely, I wanted to try to make a difference and help in gender sensitization, women empowerment and equality. The legal profession is changing so rapidly everywhere, Indian women need to be equipped to handle the change and how the future is likely to impact their practice, be it of solo practitioners in courts or within law firms or in-house positions. While the education system has undergone a change, and the information highway is at everyone’s fingertips, yet most prospective lawyers are unprepared for life with the law. This requires more practical courses and skillful use of interns. All of us who are experienced at the Bar need to contribute to bring about that transformation. There is a dire need to focus on professional development, which must be matched by a desire to grow as well by women protagonists. 

    I think it is essential to focus on the reasons why organizations should create sustainability for women in the legal profession. There should be strategies in place for nurturing our own careers and those of the women following us. I have looked at this issue often, both in India and overseas.  It is essential to address the issues from a positive perspective and focus on what women lawyers can and should do to participate in their own success and the success of those who follow them. Despite a lot of progress in the law firm world, we still have “miles to go.” I could articulate more, but I think these are enough for the moment. After over three and half decades in the law, I feel the legal world needs to be more open to change as we come together to share experiences and aid in finding solutions at a local, national and even transborder level. 

    You’ve authored books and contributed to various publications. How does thought leadership play a role in shaping discussions on legal issues, and what motivated you to share your insights through books?

    So, for me, as a first gen lawyer in an era where technology had not really evolved, I had to devise ways and means to showcase my capabilities while building a practice. Writing came naturally to me. Plus, while navigating through the labyrinth of varied laws, regulations, guidelines, I would often be flummoxed at the lack of clarity, even amongst those who implemented those laws. The challenge was always to find answers in simple words. As a result, I thought writing and publishing would be a tool to demonstrate subject matter knowledge plus say it in a manner which would be easy for the reader to understand.  I still feel the same. 

    As a Board member of the International Technology Law Association, how do you see the intersection of technology and law evolving, and what legal challenges and opportunities do you anticipate in this space?

    I firmly believe whether we like it or not, rapid developments in technology have changed and are continuing to change how people consume, interact, play and work. Like it or not, AI, Big Data, blockchain, cybersecurity, Fintech, IoT, privacy are here to stay and an integral part of daily lives. 

    While government policies will influence the direction of technological developments, laws and regulations will undoubtedly need to match and address the new reality. Some people fear developments in the foregoing areas will somehow replace human interactions and, eventually, make us shed our human persona. Others believe these innovations will benefit humanity and help solve many problems of today and potentially of the future. As companies navigate through these changes and await effective enforcement of new legislation, one key challenge is how to gear up for the future and the need to formulate internal rules that comply with strictest global standards in place in other parts of the world or wait to match with local requirements. Legislating and regulating developing technologies is complex, and it becomes way more complex when crossing borders. A balance between global and local rules with some degree of self-regulation will be the need of the hour. Another problem is legislation can take far too long. Look what happened to the Digital Personal Data Protection Act and the number of years and iterations it has taken to pass this law. More than 4.5 months after the DPDP Act was passed, we still await the rules. In the tech world, this feels like eternity. Finally, I want to touch on cybercrime and data breaches which have grown exponentially even when compared with the start of the pandemic. A systemic threat of cybersecurity risks is the talk of most boardrooms. But while awareness is growing many directors simply are unsure if they have the information and tools to effectively handle today’s dangers. The massive digital transformation requires robust cybersecurity and privacy laws. The Indian government must put in place far more effective mechanisms to regulate cybersecurity and cybercrime effectively. 

    Can you share a particularly challenging or memorable deal you’ve worked on? How did you navigate complexities to ensure a successful outcome? 

    There are many that come to mind, but I will talk about one. I was in Europe for business and had to travel to the US for client meetings. Meanwhile, the Iraq war started which led to companies imposing travel embargoes. I had a tricky transaction that was to close later that week in Delhi. The business and legal team of the client wanted me to travel to India but I had commitments. I managed to convince them to let me stick to my travel schedule, and committed that I would be available to work with my team and the other side according to Indian time that week to ensure closing occurs timely. They agreed. As I was about to board the plane for New York, I got a call from my colleague in Delhi who said there was a problem, which was really an issue of the counterparty. They realized and announced at the last minute, but the effect was the deal could be in jeopardy. We needed to inform the client, and I had to board my transatlantic flight. Oh, and the colleague was to wrap up work on this file and then leave for her wedding, which was 2 weeks later. I felt the flight from London to New York was crawling and just felt helpless due to lack of knowledge. Eventually, I succumbed and asked for a satellite phone, rang my office in Delhi and got all the facts. I knew the client would be unhappy to hear of the developments. Upon landing in NY, I connected with the business and legal people at the client where one was ready to call off the whole thing, while the other wanted to proceed. 

    The problem was that we needed regulatory intervention, and it is always tough to predict the duration a government agency may take. So, there were several moving pieces, and we had no idea how long the closing could take. I told the client if they wanted to proceed, I would find a solution. I canceled my meetings in the US for the next few days, went to a travel agent and bought a ticket to fly to India. I must have been in the US for 5 hours from landing to heading again to the airport. I returned to Delhi as fast as I could, went directly to the office and stayed there for a week. We delayed the closing by a few days, drafted additional contracts to address the new developments which were negotiated each night between 10 PM to 2 AM and, finally, managed to get to the finishing line a week after the original scheduled date. It was tough both physically and mentally as I did not sleep for 3 or 4 days at all but worked non-stop. The satisfaction of a successful outcome with all sides happy was the adrenalin rush that kept us all going!   

    Juggling a dynamic legal career and contributing to various committees and associations can be challenging. How do you maintain balance in your professional and personal life? Any hobbies or activities that you turn to for relaxation?

    Balance does not come easy for anyone, and it needs both method and time and for long-term gains, it is important to cultivate resilience. I meditate regularly, read, take time out for fitness, and find periods of silence, all of which is therapeutic. Then, my closest childhood friends are my rocks and always there for me, when I need to talk. I also think it is essential to create boundaries, personal and professional. I never did that for the longest time when I was building the firm, but I encourage all my colleagues to do so and do so myself as well now. 

    Looking ahead, how do you perceive the future of legal practice, especially considering the evolving dynamics of international business and technological advancements? What advice would you give to the coming generation of lawyers? 

    The legal landscape is at a very interesting phase undergoing rapid and radical change.  Boundaries have blurred with digital and technology transformation. Then, competition has increased exponentially, putting pressure on firms and lawyers to be increasingly open to innovation. While the legal industry is known for sticking to tradition but for practices to thrive, lawyers must be aligned with developments in technology and emerging areas of practice, focus on building skills and learn effective, consistent communication, both internal and external. Never forget clients demand efficiency, transparency, personalized service. I firmly believe lawyers have the potential to seize challenges and convert them to opportunities.

    Get in touch with Priti Suri-

  • “As a transactional lawyer, one has to comprehend all the future eventualities while drafting agreements and documents between parties”- Hemant Kothari, Advocate and Legal Consultant

    “As a transactional lawyer, one has to comprehend all the future eventualities while drafting agreements and documents between parties”- Hemant Kothari, Advocate and Legal Consultant

    This Interview has been published by Pragya Chandni and and The SuperLawyer Team

    Sir, can you share a bit about your journey in the field of law, from your early days to establishing your own chambers? What inspired you to pursue a career in law?

    I come from a small town in Rajasthan called Merta, where we stayed for the major part of my childhood before moving to Jodhpur where I completed my schooling. In Merta, my Nanaji (Maternal Grand Father) was practicing as a Sales Tax Attorney and had established a small but niche and respectable practice advising the businesses in and around Merta, on their Sales Tax compliances. Even though he was not a traditional court going lawyer and mostly did departmental practice, he was fondly referred by everyone in the town as ‘Vakil Sahab’, which I used to consider a title of respect. 

    Also, despite coming from a predominantly business family, I had keen interest in social sciences while growing up. 

    Therefore, with the benefit of hindsight, I think my choice to pursue law was the fortunate amalgam of having grown up looking up to a tall and respectable figure in my Nanaji and the opportunity to explore my interests in social sciences when I got to know about NLUs after moving to Jodhpur.

    Coming from a small town, the opportunity to study law at NLU Delhi was a privileged experience, which for me was not only a place to train as a lawyer but opened the world to me in a manner that I had not envisioned. I am what I am today because of the five years spent in the company of the dearest friends and peers, apart from some of the most exceptional faculties at NLU Delhi.

    After completing college, I joined Khaitan & Co (KCO) in Mumbai. In my first year at KCO, I rotated and worked with the Banking & Finance team, Indirect Tax team and the Investment Funds team, before finally joining the Banking & Finance team. I had a great mentor and guide in my partner at KCO, Mr Kumar Saurabh Singh from whom I have tried to imbibe the ability to think holistically as a lawyer, instead of a tunnel view, on any given issue. 

    During my time at KCO, the Insolvency and Bankruptcy Code, 2016 (IBC) had just been introduced and top 12 defaulting companies then were referred to the process under IBC. With the team at KCO, I was involved in the CIRP proceedings of three (3) companies, being Essar Steel India Limited, Alok Industries Limited, and Electrosteel Steels Limited, apart from other assignments under IBC. Invariably, all the processes went into litigation, which gave me the opportunity to work on both transactional and litigation aspects in the aforesaid matters and to closely interact with the leading Senior Advocates in the country.

    The exposure to handle litigation in high stakes matters re-affirmed my interest in litigation but at the same time, I did not want to completely forego working on the transactional side. 

    From a long term perspective, I always wanted to settle in my home state, i.e. Rajasthan.

    Accordingly, after a stint of around three and half years with KCO, I moved to Jaipur and for the first few years, I wanted to just learn as much as possible in terms of managing court practice, advocacy and understanding the intricacies of litigation. In Jaipur, I initially worked with Chir Amrit Legal LLP as a Senior Associate, where I was fortunate to learn under Mr Sanjay Jhanwar (Sr. Advocate) and Mr Prakul Khurana.

    In 2020, I joined the Chambers of Major RP Singh, Sr Advocate and the then Additional Advocate General (AAG), as Assistant to AAG and continue to work under his guidance even today. Under his guidance, I received intensive training in court craft and advocacy, which has certainly helped me improve immensely as a lawyer. He graciously allowed me the flexibility to take up my own matters and to gradually build an independent practice. 

    With the support and blessing of my Seniors, I was fortunate to set up my independent Chamber in August, 2022 after extensive training of more than six (6) years.

    Your experience includes representing the Government of Rajasthan in key disputes. Can you highlight some of the challenges and highlights from your time handling matters related to finance, revenue, indirect taxes, and other departments?

    The experience of representing government departments does help one to gain a deeper strategic understanding of matters from the perspective of the government; in understanding how the institutional machinery works on policy matters; and generally in terms of how the decisions are taken. 

    Now practicing on the private side, the learnings from my experience in representing and advising government does help me in having a better perspective in matters where the government is on the opposite side. 

    Also, governments are the biggest litigators in our legal system and in representing it, one gets to work on a diverse range of matters and really fast forwards the pace of learning.

    In your current chamber practice, you cater to both transaction advisory and dispute resolution mandates. How do you balance these two aspects of legal practice, and what unique challenges do you face in each?

    As I said, during my time at KCO, I had the unique opportunity to work on transactional and litigation aspects simultaneously, for matters under IBC. While traditionally there is a clear segregation between transactional work and litigation work, but in my experience I have realised that one is a better transactional lawyer with the experience of litigation and similarly, one is a better litigation lawyer, with the experience of transactional work.

    As a transactional lawyer, one has to comprehend all the future eventualities while drafting agreements and documents between parties. Having a perspective that how the document so drafted will be construed in arbitration or courts, if it goes in dispute, helps one to give better advise at the transaction stage. The reverse is also true for litigation lawyers, particularly for those practicing in commercial laws. 

    I have experienced so while representing and handling complex commercial arbitrations or court matters involving large volumes of contracts such as Concession Agreements, Financing Agreements, Shareholders Agreement, EPC contracts, Service Contracts, etc. 

    In terms of managing a practice to advise on both transactional and litigation aspects, I have separate teams in my Chamber which work exclusively on transactional and litigation matters, respectively and the final advise or work product is reviewed by me. The chamber also focuses on training the associates to have multi-disciplinary understanding such that they are also trained to deliver a holistic solution to the client. 

    Obviously, with my litigation practice when I am in Courts for a good part of the day, it may at times be difficult for me to singularly manage the transactional practice which requires more desk work. Therefore, I have focused on retaining and nurturing experienced associates dedicatedly working on transactional matters to be able to deliver holistic work products in a timely manner in a Chamber set up, where the end responsibility remains mine.

    Could you share an anecdote or case that was particularly challenging and how you approached it?

    There are various interesting and challenging matters which I cannot talk about since they are still sub-judice in appellate forums. 

    One of the challenging matters I did was a road construction arbitration during the COVID-19 pandemic. I found it challenging since (a) I was the only Counsel responsible for preparing, drafting, researching, coordinating with the Government Officers and also to brief the Senior Counsel on behalf of the Government to defend a claim of more than Rs. 250 Cr.; and (b) barring last one hearing in the arbitration, the entire arbitration was held virtually including for cross-examination.

    The work on this arbitration went on for around one and a half year and I had to really burn the midnight oil on many nights to prepare and be ahead of the opposite side, which was represented by a Tier-1 law firm. 

    Generally as a lawyer one is only trained to look at legal principles, but the added interesting work involved in the matter was to understand the intricacies of road construction and engineering to be able to do proper synthesis of technical matters. I cannot say I became an expert in road construction after this matter, but it certainly tells you that as a lawyer, one gets to work on a variety of matters that keeps the urge to learn alive on each day.

    While we succeeded only partly in the matter, I was humbled to have received the kind appreciation from the Presiding Arbitrator, upon conclusion of the final hearings, as also from my Senior.

    As retained advisor to large Indian business and startups, you describe your role as an external general counsel. What does this role entail, and how do you oversee both transactional and dispute mandates for your clients?

    I do not have any title as External General Counsel but in order to summarise the range of services that I deliver to my clients, I use the term in an informal manner and also because most of the clients may have in-house legal team for general compliances but not to advise and coordinate with the management / business teams on complex legal-commercial issues. 

    As I have already explained, my chamber caters to both transactional and litigation services, which has fortunately been appreciated by a number of large businesses, who have retained me for overseeing and helping them with all their transactional and litigation matters with the expectation that I understand their business and commercial needs while advising them holistically. 

    Increasingly, I have felt that the upcoming businesses or for that matter even established businesses require steady and continued legal support from a lawyer, who is in active practice interacting with other clients and not in their in-house system, to be able to have a better outsider or on-field view on various issues, as early as possible before they rake up. This is possible only based on continued association with the clients to be able to understand and appreciate the needs of the client from a broader perspective while advising on specific issues.

    In this capacity, it is not necessary that we undertake the entire work but sometimes depending on commercial requirements of the client, I advise my client to engage services of other professionals/law firms with whom my chamber works in coordination. The underlying principle being that my role is not only to provide legal services but to keep the best commercial and legal interests of my client to help them navigate their requirements. 

    Thankfully, I have been receiving positive feedbacks from my clients so far on this working model and hope to grow this area of practice more.

    Your advisory work spans restructuring, insolvency transactions, GST matters, investment fund advisory, and more. Can you share a specific transaction or advisory mandate that you found especially interesting or complex?

    The earliest and cherished experience for me was to work on a large multi-jurisdictional financing transactions during my time at KCO. Apart from the long night calls due to the difference in time zones, I learned how one has to apply the prevailing laws and regulations to tailor make an agreement by incorporating the commercial wishes of the parties in the best manner possible. Being a multi-jurisdictional financing transactions, we dealt with the rules under FEMA and the RBI directions to accommodate the terms of the transaction between parties. The entire process of negotiating on the commercial aspects with the legal interpretation of the applicable laws was something that I found really interesting and complex, as it then helped me build an understanding that as a lawyer when one negotiates or takes a position, it has to be backed by sound legal reasoning else the other side can simply roll you over.

    There are many such experiences and learnings but the core principle that I have come to understand is that as a lawyer, one must not stop thinking or prematurely jump to assumptions or conclusions and one  must keep exploring and reinterpreting the bare texts of law as much as possible.

    Considering your diverse experience and success in both private practice and government representation, what advice would you give to law graduates entering the field today? Are there specific skills or mindsets they should cultivate for a successful legal career?

    From my experience so far, I can only say that give your best at your work place. Whatever assignment or work comes your way, take responsibility for it like you have to be personally answerable to the Court or the client, for your work. If you start inculcating such an attitude, your work will speak for you.

    In terms of skill set, the fresh graduates should focus on developing a multi-disciplinary understanding and keep themselves abreast with all the new legal developments to gain knowledge about other areas of law, in which they may not be working. Law evolves and develops every day and as new entrants into the profession, you have the benefit of looking at everything from a fresh perspective to contribute to better development of law.

    Get in touch with Hemant Kothari-

  • “One of the special privileges of our profession is that it allows you to sail in two boats and so a person can be associated with a reputed firm and side by side nurture an independent practice of his own to find his ground in due course”- Prabhat Kumar Rai, Advocate-On-Record at Supreme Court of India

    “One of the special privileges of our profession is that it allows you to sail in two boats and so a person can be associated with a reputed firm and side by side nurture an independent practice of his own to find his ground in due course”- Prabhat Kumar Rai, Advocate-On-Record at Supreme Court of India

    This Interview has been published by Pragya Chandni and and The SuperLawyer Team

    Sir, could you please share with us what inspired you to pursue a career in law, and how did your journey into legal practice unfold, especially in economic offenses and commercial dispute litigation?

    I hail from a small village in Bihar and hence my dreams were also moderate. Engineering and UPSC are the most popular options in Bihar as many of the locals perform well in these exams. I was too striving to become an Engineer, however the turning point for me was when I visited my uncle in Delhi who practices as a lawyer in the Supreme Court of India as an AOR. I was enchanted by his work on complex legal issues which created lasting imprints on my pristine mind. My Uncle also advised me to opt for a career in the field of law and with his guidance I took my leap into this exciting world of legalese. 

    Being garrulous by nature it seemed like a fish finding its natural waters and felt comforted by the mentor from my family who could always guide me past all obstacles that I may encounter charting this unfamiliar terrain. I was charmed by the interaction with a few senior advocates and their view on contemporary issues from the legal point of view which was on a much higher pedestal than many other professions and also afforded me the visibility which was missing in other professions.

    The rest of the things then fell into place with single-minded dedication and persistence in clearing the CLAT examination and opted for the curriculum at NIRMA University, Ahmedabad, where the set-up was quite rewarding in terms of the constant encouragement by the Professors and a competitive batch of students who would challenge me to excel and hone my skills. 

    Economic offences and commercial litigation seem to be the growing albeit nascent field of litigation and have become a natural choice for any newcomer who seeks to grow at an accelerated pace.

    Your focus area involves economic offenses, including matters related to the Prevention of Money Laundering Act, Prohibition of Benami Property Transactions Act, and more. What drew you to specialize in this particular field, and what challenges do you find most intriguing in handling such cases?

    With the opening of the Indian Economy and integration with the world economic systems, the intricacy of financial matters has acquired greater complexities, and it is important to delve into the nuances of trade and ensure compliance with the rules and regulations of the countries where they impact. Digitisation and internet connectivity have eased vigilance and tracking and often people get trapped into the web of deceit/conundrum of litigation which vexes the common man and in order to aid and assist them a legal professional is well suited to advice and counsel business professionals to safeguard their interest.  

    Increasingly the burden in litigation is being shifted onto the defendants and well-trained legal minds come to their rescue. Economic offences are the sunrise sector of litigation and hence attract young minds like a bee to the flower for its nectar.

    You’ve transitioned from being associated with law firms to establish your independent practice. Could you tell us about the pivotal moments that led to this decision, and how has the experience been as an independent legal practitioner?

    One of the special privileges of our profession is that it allows you to sail in two boats and so a person can be associated with a reputed firm and side by side nurture an independent practice of his own to find his ground in due course. I have always chosen to associate with firms that have no restrictive working conditions to hamper my independent practice. In this process, I have lost vital aspects of stability and study earnings with a top-tier law firm, but the confidence gained while straddling two boats has been a fair bargain in my assessment. It is akin to being a co-pilot who after filing in the requisite hours of flying is qualified to occupy the chair of the commander of his own craft.

    Nothing is gained without experiencing its share of struggle and the initial formative years shape our destinies. Every young professional is like a diamond which must undergo its share of being cut and shaped by circumstances and chiselled by the artisans who mould them, and I count myself lucky that I got picked by the sharp intellects who are luminaries in their own right and illumine the path for me. I also feel redeemed and gratified when I do pro-bono matters which satisfy not only the mind but also the heart which makes this profession endearing and noble. 

    Your professional journey includes representing clients before various courts and tribunals on diverse matters. Can you share an experience of handling a particularly challenging or high-profile case and the lessons you learned from it?

    With God’s grace and the blessings of my mentors, I have had multiple opportunities to assist in several high-profile matters. It is my belief that every matter imparts a new learning and everything that augments my knowledge is to be counted as high profile as it has uplifted me from the lower echelons to the next level.

    I take pride in all the matters that are assigned to me and am committed to giving it my best regardless of the outcome. The end result may not always be to our expectation, since the judges have a mind of their own, but our conscience should not bite us for having left any stone unturned. One hallmark of professional integrity which I strive for is to put the best foot forward with persistence and care. The sporting spirit is my guiding principle that even the best of players/champions encounter defeat in some games, but it never weakens their spirit or resolve.

    Having excelled academically during your time at Nirma University, how do you balance the theoretical knowledge gained in law school with the practical challenges faced in the legal profession?

    Once you get on the field there is no substitute for experience. Once again, the sports analogy will help understand this – no amount of theoretical knowledge about the intricacies of the sport, the past statistics, the precedents etc can anticipate the uncertainties of playing conditions. The theory brings about awareness and is like a rough diamond, but it is only experience and constant practice that shapes our minds, characters and destinies. Needless to emphasise excelling in academics opens several vistas and avenues for anyone to choose the path for individual glory.

    And in this profession, constant updation is the sine qua non for any practicing advocate just like you have new software versions which regularly and periodically update and upgrade your knowledge and provide you with the edge which is the single differentiator of any successful professional. The need to burn the midnight oil is greater in practice than ever in academia. This is also what Steven Covey enlisted as the Seventh Habit in ‘Sharpening the Saw’.

    You’ve had the opportunity to learn from some of the best advocates, including senior advocates and government counsels. How has mentorship played a role in shaping your career, and what advice would you give to aspiring lawyers on finding the right mentors?

    That the greatest learning in the profession has been that no work is small or unimportant and what is done by one’s own hand shall stay with one for life. It is similar to swimming which once learnt is never unlearnt. Mentors and guides are the lighthouses that safely guide the ships in the vast ocean of life. The role of mentors can never be undermined, and I always look up to them when faced with a quandary. Senior advocates help us understand as to how arguments have to be framed and articulated in any hearing and to steer the course in the direction which shall eventually help the judge decide in our favour. We can learn to craft strategies from the seniors who bring their wealth of experience and maturity and fuse with our exuberance to present our side with vigour and vitality. In all of this it is essential that the facts are garnered from the files and discussions that are compiled and then neatly sifted into a summary which can be helpful in framing the briefs for senior counsels who need to be provided the critical points for their arguments.

    Given your extensive experience, could you share your perspective on the current legal landscape in India, especially in areas such as economic offenses, commercial dispute litigation, and the impact of recent legal developments?

     The legal domain is fraught with extensive work opportunities and provides an excellent launching pad for assuming leadership roles in society. Technology is quickly upgrading the systems and making it easy to adjudicate matters without logistical constraints. It is therefore necessary to be tech-savvy so that one can stay ahead in matters which are bearing global footprints and have far-reaching ramifications.

    What prompted you to write the AOR examination and what do you suggest to any candidate who will appear for these examinations.

    For every advocate, it is a dream to work at the pinnacle which is the august body of the Supreme Court, and it was not possible to stay away from this venerable temple of justice. I would appear immodest if I were to claim that this was my goal, but the fact is that one needs to take this exam with great dedication and commitment and at a young age one is required to be enthralled with energy to conquer this peak amongst the many that we set our minds to scale.

    Lastly, considering your achievements and the knowledge you’ve gained along the way, what advice would you like to offer to fresh law graduates who are embarking on their legal careers today?

    I always draw inspiration from the Mahabharata which asserts and exhorts us to – Stay focused on the eye of the fish only and nature shall conspire to let your wishes come true.

    Get in touch with Prabhat Kumar Rai-

  • “The tactics to use criminal law for  monetary gains need to be checked for a healthy Indian Society. I feel it is a misuse of the judicial process and sensitization of different stakeholders is necessary to avoid misuse  of criminal law for personal satisfaction”- Saurabh Kapoor, Advocate on Record at Supreme Court of India

    “The tactics to use criminal law for  monetary gains need to be checked for a healthy Indian Society. I feel it is a misuse of the judicial process and sensitization of different stakeholders is necessary to avoid misuse  of criminal law for personal satisfaction”- Saurabh Kapoor, Advocate on Record at Supreme Court of India

    This Interview has been published by Pragya Chandni and and The SuperLawyer Team

    Can you share the pivotal moments that led you to pursue a career in law, from your  LL.B. at Maharaja Ganga Singh University to becoming an Advocate on Record at the  Supreme Court of India? 

    Honestly, I admit that I am an accidental Advocate. I had never thought to pursue  LL.B. and practice Law. Rather, I first visited Courts, on the day of joining in the  profession as an intern at District Courts, Ludhiana in February, 2012. I am basically a physiotherapist and even worked as respiratory physiotherapist at Dayanand Medical  College and Hospital, Ludhiana before starting my independent practice as  physiotherapist. My father was a bank officer and I also wanted to join Government  Service, so I tried my luck in UPSC and developed interest in the Constitution of India.  During my job as physiotherapist, I developed a habit of using the library in 2008. That was the turning point of my life. 

    But destiny wanted me to join the legal profession, as one of my friends during my UPSC  preparation advised me to pursue LL.B. It was November, 2009 and admissions were  closed as the examination was scheduled for March, 2010. My friend who was already  pursuing LL.B. from that University advised me to visit college. I got admission on  payment of late fees and penalty. My friend left LL.B. after second year but I continued and completed my degree. I started my career in the Chamber of Sh. Amandeep Singh  Grewal at District Courts, Ludhiana in 2012. Being from a medical background, I have  keen interest in reading, subscribed to quarterly law journals to keep myself updated since the beginning of my career and even opened a small office at Ludhiana. Sh. Davinder  Pal Singh, my dear friend and senior, gave me the opportunity to address the judicial  magistrate on preliminary summoning in 138 N.I. Complaint. He had also trusted my abilities and referred to a proclaimed quashing to me during earlier days at High Court.  In 2013, a retired bank officer visited my office to claim benefits as he was dismissed  by disciplinary authority in 2001 and reinstated by appellate authority in 2003 with  punishment for stoppage of increments for 5 years. The bank counted 5 years from 2003  instead of 2001. Being fresher, I was reluctant to take his case whereas the client not only  trusted my ability but motivated me to proceed with his Civil Writ Petition. I learnt High  court etiquettes on observing advocates while waiting for my turn at Punjab and  Haryana High Court, Chandigarh. The notice was issued and thus started my journey at  Punjab and Haryana High Court. Similarly, I was successful in getting the Proclaimed  Order quashed without even issuance of notice to the respondent by Punjab and Haryana  High Court. So, people started referring to my work. 

    I was appearing before DRT, Chandigarh and other forums as well because I never  wanted to specialize but to expand my wings. It was tough during initial years but I  never stopped and kept moving with the flow. Thereafter, in 2017, an advocate referred  me two Special Leave Petitions pertaining to bail in 420 IPC. I contacted Ms. Manju  Jately, AOR for filing and started appearing as arguing counsel before Supreme Court.  During lockdown, I planned for AOR examination as Court work was limited, so joined  Ms. Manju Jately as a trainee. I appeared in AOR examination in December, 2021 

    but could not make it in the first two papers because simultaneously I was pursuing LL.M. As such, I was determined to become AOR and succeeded in April, 2023. 

    You’re currently pursuing a Ph.D. at Rajiv Gandhi National University of Law,  Punjab. How do you balance your academic commitments with your active legal  practice, and what motivates you to continue your scholarly pursuits? 

    It is really difficult to pursue both things together but my friends and associates  helped me during mandatory Ph.D. coursework. The Ph.D. research has helped me to  refine my legal skills and knowledge. The research work does have an impact on my  professional career. As my supervisor has shared a time Schedule to complete various  stages of the research, therefore, I have become selective in accepting matters since  2022. I have a library in my office and I even use the Court Library during free time at courts to continue my research. I have also got a new teaching assignment and was invited by Punjab  Police Academy for training of Punjab Police Officers. I was felicitated by the Director,  Punjab Police Academy and this motivated me to pursue my research further. To curb  the pressure, I have already closed Facebook and other social media applications. I am  going to shift to keypad mobile to save myself from distraction and limit internet usage.  

    You’ve qualified in the Canadian Law examination. Could you elaborate on your  interest in international law and how it has influenced your practice in India? 

    I had planned to migrate and therefore, wanted to pursue a career in law after  migration. I applied for assessment before migration to Canada in 2015. But I did not  find Canada as a place to live for the rest of my life and returned back. To enhance my skills  and legal acumen, I appeared in examinations conducted by the National Committee on  Accreditation for law society of Canada. I have been influenced by many legal issues and have even included in my professional and academic life to name a few:- 

    The Canadian Supreme Court decision on disclosure influenced me to a great extent.  The Court in William W. Stinchcomb v. Her Majesty The Queen held that “The Crown  has a legal duty to disclose all relevant information to the defence. The fruits of the  investigation which are in its possession are not the property of the Crown for use in  securing a conviction but the property of the public to be used to ensure that justice is  done. The absolute withholding of information can only be justified on the basis of the existence of a legal privilege and privilege is reviewable”. 

    As I wanted to do something on disclosure by prosecution in India, so this is my research  topic in Ph.D. During interview for Ph.D., Prof. (Dr.) G.S. Bajpai, Vice Chancellor,  RGNUL (Punjab) appreciated my research interest in disclosure and advised me to  conduct pilot study. I have also got an article published on “Inconspicuous Duty of the  Prosecution to Disclosure” in Criminal Law Journal, March, 2022. My Supervisor, Dr.  Shiva Satish Sharda at RGNUL, Punjab has also motivated me to pursue comprehensive  research so as to work in directions for necessary amendments in legal regime looking 

    problems of overcrowding of prisons, increasing under-trials population and low  conviction rate in India.  

    I am also advising during training to the Police Officers at Punjab Police Academy to  respect the fundamental rights of accused and disclose the fruits of investigation to  avoid false prosecution. I have even impressed the trial court for disclosure of withheld  exculpatory evidence collected by the investigating agency in one or two criminal trials.  

    The Model Code of Professional Conduct is another area which helped me to learn  lawyer’s ethics and was useful in AOR examination. The Model code forbids the  lawyers to advise clients to initiate criminal and quasi criminal proceedings to secure  satisfaction of private grievances. But it is common in India to initiate criminal  proceedings to threaten or intimidate the opponents for personal matters like financial  disputes, property matters, family disputes including marriage and custody of children 

    and sometime even the consensual sexual relations are given the color of rape as  recently noticed by Madhya Pradesh High Court. The tactics to use criminal law for  monetary gains need to be checked for a healthy Indian Society. I feel it is a misuse of the judicial process and sensitization of different stakeholders is necessary to avoid misuse  of criminal law for personal satisfaction.  

    Your practice spans across various courts and tribunals, dealing with a wide range  of cases. How do you manage such a diverse portfolio of legal matters, from civil writs  to criminal appeals and everything in between? 

    My mentor has been dealing with both civil and criminal matters but he has  not been dealing in service matters. I got an understanding of service law as my father  retired as a bank officer and my first matter at High Court pertains to service matters of a  retired bank employee only. I am always keen to learn and spread my wings, therefore,  I shifted to Punjab and Haryana High Court, Chandigarh. Being the capital of two states,  there are various forums. As such, I never denied matters for forums like DRT, State  Consumer Commission, Human Rights Commission and NCLT. The initial foundation days gave me exposure to both civil and criminal branches of law before various forums. 

    I have been associated with the Department of Defence welfare (Punjab) since 2019 and  this has helped me to refine skills in civil writs and service matters including  departmental disciplinary proceedings. Even today, I take original civil and criminal  matters before all courts because I believe one should not stop learning and limit oneself to any stream of law. One needs to accept change and challenges of life with open arms  and mind. Litigation is a team work, I have always been assisted by friends, colleagues  and even my senior appears for me at District Courts whenever required because I could  not spare except Saturday for District Courts. Lastly, I am indebted to my associates  and clerks at Supreme Court, New Delhi, Punjab and Haryana High Court, Chandigarh and District Court, Ludhiana for timely filing, without whom, it is not possible to appear  at different courts.

    Your civil writ petition in 2019 regarding CCTV installations in polling booths  received media coverage. How do such cases with public interest components shape  your approach as a lawyer, and what impact do you aim to achieve beyond legal  resolutions? 

    There is a difference between Public and Publicity Interest Litigation as recently  highlighted by the Former Chief Justice of India. I never used PIL jurisdiction for publicity  and have not received any case even if any matter is reported in the media. I am very  particular about professional ethics. The civil writ petition pertaining to CCTV  installations in polling booths was pro bono and I mentioned the same in morning to get  it listed in afternoon. The Court found legal points in the matter and issued directions to  install CCTV cameras at Polling Booths with the objective of fair election looking at  apprehensions of the petitioner. An advocate being aware of the constitutional and  statutory rights of the people and citizens of India, must use its expertise for the welfare  of the society. I am impressed by Sh. Mahatma Gandhi, father of nation, the way he  used his legal expertise against oppressive law in South Africa and he is being  recognized globally for his welfare activities and Indian struggle for independence.  Similarly, one should not limit his legal expertise for dispute resolution but work for  social welfare and learn from seniors in the profession. 

    You’ve provided legal opinions for Indian Express Pvt. Ltd. Can you share an  instance where your legal advice played a crucial role in the resolution of a complex  legal matter? 

    I have been associated with Indian Express since 2017 and contested their civil  matters at District Courts, Ludhiana and Chandigarh and NCLT, Chandigarh. But, I  have been specifically engaged by Indian express in 2019, to carry out the thorough  legal search and submit a report on the status of the complainant partnership firm as directed  by the Supreme Court in a defamation complaint against Chairman, Indian Express pending  before Chief Judicial Magistrate, Ambala. On the basis of the report, the Supreme Court  quashed the criminal complaint and summoning order issued in 2000 against the Chairman,  Managing Director and Editorial Director of the Indian Express Group. 

    You’re actively involved in legal awareness programs and social welfare activities.  How do you believe legal professionals can contribute to the betterment of society  beyond their regular legal practice?  

    I feel it is the duty of every person to contribute to society. So, to repay the debt of what has been gained by me during the course of professional and personal  experience, I try to volunteer within my limits and even try to settle the family and  personal matters at the pre-litigation stage with honest advice. One can contribute by  organizing camps at villages and also by starting lecture series for different stakeholders. Our government needs good legal instructors with bare minimum expenses, therefore, one can apply as instructors/trainers at different training governmental and non governmental institutes or organizations. In the world of the internet, social media is a good  platform for necessary legal education. The legal awareness and education should not  focus on work procurement but with welfare objectives. Presently, the crime against  children is rising and therefore, I feel it is important to sensitize the people with sex  education, penalties in sexual crimes. People need to be aware of fundamental duties as well rights because duties are equally important as rights. The most important duty of every advocate is to educate the youth of the nation as most of them, due to physical  interaction indulge in activities forbidden by law and destroy their career and life. 

    Considering your extensive experience, what advice would you give to law  graduates who are just starting their careers in the legal field? 

    The first lesson, my senior taught me that never run for money but work hard,  the money will follow you. India is a developing nation, where people need affordable  and quality legal assistance. There is no dearth of work and the only precondition is hard  mental labor to update oneself with all facts and relevant legal issues. There is neither  any shortcut nor scope of smart work in the legal field. Last but not least, honest efforts by  lawyers, honest thorough presentation to court and honest updated advice to clients. Honesty, dedication and hard work automatically pay back. Failure does not determine success but the response to it. Therefore, always be ready to learn, unlearn and  relearn. 

    In the end, I am grateful to the SuperLawyer Team for this interview.

    Get in touch with Saurabh Kapoor-

  • “From books to billboards, I believe in reading everything that crosses my path” – In an exclusive interview, Arushi Gupta, Founder and IP Attorney at Satyaki Legal, shares her remarkable journey from her early legal career to establishing Satyaki Legal.

    “From books to billboards, I believe in reading everything that crosses my path” – In an exclusive interview, Arushi Gupta, Founder and IP Attorney at Satyaki Legal, shares her remarkable journey from her early legal career to establishing Satyaki Legal.

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Your experience includes working with renowned firms and handling diverse responsibilities. Could you walk us through your journey from your early career to founding Satyaki Legal, highlighting key milestones and experiences?

    I am an advocate who started her career 8 years ago, in 2016. After gaining experience of working with senior advocates, I eventually started working as a partner with a firm and now 2 years ago, I started with my own firm, Satyaki Legal. When in my career, I had almost worked in the domains I wanted to practice in, run a team of my own, I believed I could start my own firm. We started in the last month of 2021, where from finding the firm name to getting the website and team members was done, we are now a humble team of 5 with an established portfolio of start- ups and corporates to manage and work with. 

    As the founder of Satyaki Legal, you’ve had the opportunity to work with both national and international clients. How do you approach building relationships with clients, especially in a field that requires a deep understanding of their business and creative assets?

    From books to billboards, I believe in reading everything that crosses my path. To stay in the know has always been my thing- which forms a firm base of my communication skills. To constantly stay in touch with clients is also another thing that helps you understand their operations and the hurdles they face while conducting it. Being able to grasp a client’s work and their industry’s work culture can only be understood while being in touch with them on a 1-on-1 basis as well as having an open mindset towards their point of view.  

    Having worked with notable companies like Blinkit, McCain, and others, what are some of the most interesting or challenging projects you’ve undertaken in the realm of intellectual property, and how have they contributed to your growth as an IP attorney? 

    Intellectual Property has a lot to do with a brands’ market presence and the knowledge of the brand amongst the customers. The legal problems that I faced at that time weren’t simple textbook problems, they were dynamic in nature and needed understanding of the market/industry as well. So, whilst working with these Clients and some others as well, the mere textbook answers weren’t sufficient. There in that situation I learnt to develop a holistic point of view and also assess the legal problem and come out with resolutions accordingly. 

    With your extensive experience, you’ve worked on more than 500 trademarks, 50 patents, and numerous designs. Is there a particular case or project that you found particularly challenging or rewarding, and why?

    Every project or case that comes up to us has unique challenges and they thus after getting resolved or completed do seem rewarding. But I remember this one particular project where an extant variety of plant had to apply for Protection of Plant variety in India which led to several visits to the relevant authority. Similar was the case where I had to apply for registration of a novel food under FSSAI provisions. There was one case where we worked on the terms and conditions of the sale by launching an e- commerce portal a day before because it was then that it was sent to us, one before the Launch of their Sale. 

    You’ve assisted numerous start-ups in strategizing their IP assets. How crucial is intellectual property management for start-ups, and what advice do you often find yourself giving to emerging businesses in this regard?

    I keep telling this to start- ups and I can’t get tired of it, that first protect yourself and then launch yourself. We, often as start- ups are tired of just doing the operations and not launching the product or service. In this scenario, we do not consider IP important and go out and launch the product or service in the market. This also happens because we don’t very well recognise the IP that subsists in our key operations. So, I always ask them to take a pause, recognise their IP and first protect them/it and later on promote. This not only protects their work from being copied but also builds the trust of Investors. 

    Beyond the legal realm, we hear you’re involved in conducting webinars and seminars for IP awareness. What motivated you to take up this initiative, and what kind of impact do you hope to make through these sessions?

    This subject matter of IP is really close to my heart and hence, ensuring that people know the correct forms of it as well. So, in one of my opportunities to conduct a webinar, I got a chance to deliver a presentation to kids of around 10-12 years. This opportunity was so interesting, with all the witty answers and some extraordinary questions that I was motivated to do more of it!! The only impact I seek to create is awareness as well as certain importance and respect towards Intellectual Property that one holds. 

    Balancing departmental operations, client engagements, and business development requires skill. How do you manage these various aspects, and what strategies do you employ to ensure a smooth workflow?

    The only strategy we follow is to maintain dated notes, have clear start of day and end of day discussion along with weekly overview of tasks. Open communication, putting forth point of views within the team has been very helpful too. 

    Looking ahead, what is your vision for Satyaki Legal, and how do you see the firm contributing to the legal landscape, especially in intellectual property and media practice?

    The vision of course, is to engage more team members and work with more people. In a year, the work and team growth has been as per my target and that’s what we aim to maintain.  The mission is to also ensure that the subject matter which is dear to our hearts, Intellectual Property, is given due importance in each of the business operations that take place within an entity. 

    In addition to your legal expertise, we’re curious about your personal interests. When you’re not immersed in the world of IP law, what hobbies or activities do you enjoy to unwind and recharge?

    I have varied interests like reading books. But in order to be stress free as well as lead a healthy lifestyle I do regular workouts (strength training in particular) and meet my friends and family. I am a kathak dancer too, and I take those lessons too, occasionally. 

    What advice would you give to law students aspiring to specialize in intellectual property and media law, based on your own experiences and the evolving nature of the legal landscape?

    I would like to and I always do ask each of those students to simply read. Be well- read, know the market developments, read about brands, their marketing strategies, all of this trivia knowledge will ultimately help each one of them to understand the IP in all of these operations or industries I have told you about. Once that understanding is developed, to work in the realm of IP would not only be easy but interesting as well. 

    Get in touch with Arushi Gupta-

  • “As a first generation lawyer, you cannot be choosy as you have to run your show and household both”- Abhinav S. Raghuvanshi, Advocate on record and Manging Partner, Legal Intellizence

    “As a first generation lawyer, you cannot be choosy as you have to run your show and household both”- Abhinav S. Raghuvanshi, Advocate on record and Manging Partner, Legal Intellizence

    This Interview has been published by Pragya Chandni and and The SuperLawyer Team

    Sir, could you share with our listeners how you embarked on your journey in law? What motivated you to pursue a career in the legal field?

    Infact, my current profession of being a litigation lawyer is my second avatar as a professional as I started my career as a Scientist/Assistant Professor of Physics at Delhi University and I still consider myself to be a scientist by training and education but a Lawyer by profession. I am a first generation lawyer with no direct or indirect background in Law till I completed my LL.B. My real-life experiences rather confrontation with Law and Law enforcement agencies and my quest for the justice to the common masses motivated me to make my career in Law. During my stint as Professor of Physics, I was quite captivated by the working of certain law enforcement agencies and other government Institutions under the aegis of Constitution of India  and the interplay of the Legislature, the Executive and the Judiciary. Post my LL.B. from University of Delhi, I got shortly associated with the office of ASG, Government of India and AAG for the state of Rajasthan at Hon’ble Supreme Court, and thereafter, I started my own independent practice in the year 2012. 

    My cordial associations and relationships with my seniors at Supreme Court and other Courts helped me a lot in learning and developing the idea of litigation in a short span of time. 

    From your early career as a Jr. Associate at the office of the Additional Solicitor to become an Advocate-on-Record of the Supreme Court and to your current role as Senior Central Govt. Counsel, Counsel for DDA, Counsel For state of U.P. and several other PSUs including PNB & RFC and being lead and arguing Counsel for few big Corporate Houses like HAL Offshore, McDonald’s, Ultratech Cement, Binani Cement etc, you’ve navigated through different roles. How did these transitions shape your legal perspective, and what key responsibilities have defined your journey?

    Though, I had very short stint as Junior Associate in the office of ASG, Union of India and AAG, State of Rajasthan but I had a lot of learning in those offices and that helped me develop basic idea of litigation in a short span of time and with almighty’s grace, I was also able to strike very cordial associations and relationships with my seniors colleagues as also officers of registry at Supreme Court and other Courts. After only 15-18 months of my Jr. Associateship, I got onto my own independent practice because I started getting a few independent assignments based on my basic understanding of Court Ecosystem. However, my relations with my seniors at Supreme Court, High Courts and District Courts/Tribunals helped me in perfect execution of those assignments, thereby getting the intended reliefs. This is how the journey began and since then I have never looked back. 

    I am practicing as an independent Litigation and Arbitration Lawyer since Aug’2012 at Supreme Court of India, Delhi High Court, Mumbai High Court & Other High Courts across India, DRTs, DRAT, NCLT, NCLAT CCI, CAT ( erstwhile BIFR & COMPAT) at New Delhi. 

    The key responsibilities include:

    • Drafting & Vetting of Pleading of SLPs, Writs, PILs, Suits, Original Applications, Securitization Application, Misc. Applications, Service Matter Petitions, Claim Petition, Counter Claims, Evidence Affidavits,  Legal Notice, Reply/rejoinders and conducting Civil Trials and Appeals as also Arbitration matters. 
    • Appearing in all Court proceedings before the Hon’ble Justices & Registrars of Supreme Court of India, Delhi High Court, Bombay High Court, CAT, DRT, DRAT, NCLT, CCI, COMPAT & SAT at New Delhi, Kolkata and Mumbai.
    • Well versed with SARFAESI Act’ 2002, Recovery of Debts due to Banks & Financial Institutions Act’1993, DRT Rules, DRAT Rules, Banking Regulation Act’1949, Banking Companies Act’1970, Companies Act’2013, Insolvency & Bankruptcy Code’2016, SEBI Act’1992, PMLA Act’2002, Information & Technology Act’2000, Arbitration & Concilliation Act’1996, Specific Relief Act, Registration Act, Contract Act, Specific relief Act, Civil Procedure Code.
    • Vetting of Contracts, Agreements, Licenses, Hypothecation,  Mortgage & Conveyance Deeds.

    I am regularly appearing and conducting Litigations before Supreme Court of India, High Court of Delhi & Mumbai, DRT- Mumbai, DRT Kochi, NCLT & NCLAT Delhi, NCLT Mumbai, High Court of Calcutta, High Court of Kerala at Ernakulum, High Court of Orissa at Cuttak for my clients. Apart from my appearances before the Courts, I am also representing many of clients in their Arbitration cases at Mumbai and Delhi. I am also a qualified Mediator and am empanelled as Mediator- at Supreme Court of India. 

    Your profile showcases extensive experience in Civil-Corporate Litigation, Arbitration, and White-Collar Crimes. How did you develop an interest in these specialized areas, and what challenges and rewards have you encountered along the way?

    To be honest with you, as a first generation lawyer, you cannot be choosy as you have to run your show and household also. Therefore, during my initial years, I took variety of cases, which ranged from appearing before a Revenue Officer to going to Police Station or Human Right Commission. From drafting of criminal Complaint to drafting of Consumer Complaint. From drafting a Claim Petition for MACT to drafting a Claim Petition for Arbitral Tribunal. Doing almost all the work at Supreme Court/High Court registry myself. Took every assignment irrespective of its pecuniary rewards or forum or rigours with only one thing in mind that each case was learning experience and success at these cases boosted confidence and fostered new relations at different levels of hierarchy. Success in these small assignment perhaps got me noticed by my senior colleagues and few Corporate Heads and the insight, which I gained during these exposures lead me to convince my initial Clients with confidence. I started getting cases related to Banking and Recovery before DRT Delhi & DRT Mumbai and also erstwhile BIFR. After implementation of IBC regime, these cases took me to NCLT & NCLAT. These financial/ banking cases with big exposure values invariably involve criminal aspects of wilful default, siphoning off and diversion the funds, fraud or money laundering. Similarly Property disputes these days have intrinsically some criminal colour in form of forgery, cheating and Service matters may also have flavour of corruption involving PC Act. Thus, despite not exactly planning for venturing into a specific area of expertise, I gradually got specialised into these areas. The best reward and motivation to keep on moving in these areas of expertise was the pecuniary benefits and broad and global exposure to working of various Industries such as Cement Industry, Shipping Industry, Oil & Gas Industry, Minning Industry, FMCG Companies, Banking and Non-Banking Institutions, Event Management Companies, Hospitality Companies etc. However,  the challenge is obvious, one needs to extensively study and understand working of each Industry so that one have an insight of practical execution of business in such Industry or Sector,  secondly since stakes are high in these commercial matters, therefore there is constant pressure to outperform the routine practitioners and one has to keep toiling, traversing and translating the strategies into court room success.  

    You’ve represented significant industrial houses and corporations in high-stake litigation and arbitration cases. Could you share a specific case or accomplishment that you consider particularly impactful or challenging in your career?

    There is not one  or two but rather 4-5 cases, each in different domain of law, wherein my legal mettle along with personal traits of being lawyer was put to test. Out of 5, I succeed in three but lost in two but all 5 cases, I consider as most challenging and which left long lasting affect in my career journey. These cases gave me learning for lifetime and helped me to meta morph into a seasoned lawyer. It is difficult to describe the entire experience in this short interview but in hint, I can say that one matter was an arbitration matter against a big Corporate giant of this Country being represented through battery of senior designated lawyers.  But as luck could have it, my grit and determination finally prevailed and the Tribunal went by merit and not by the stature of either the Corporate House or the Sr. Counsel. Another matter was a matter against a Head of top Government Institution, who had entangled a female employee in her service matters ostensibly, whereas in reality it was a criminal matter having contour of POSH and other criminal element. This Officer was being defended by a Sr. Counsel, who was from a family of Judiciary and exuded aura and confidence. Though, we had initial success, however his aura prevailed in later part. Finally our persistence paid and fortunately after 4.5 years this person was booked by CBI and taken into custody but not before we had filed several cases before several forums in 3-4 years unshakingly, unperturbed and  undeterred by initial setbacks. The third one relates to a case before CCI & COMPAT, which gave me my entry into corporate litigation and again this was example of purely Out of Box thinking, wherein, we took advantage of legal technical loopholes to save 18.5 crores of rupees and to buy time to properly strategise our bankruptcy filling before NCLT, Kolkata. These instances lead me to believe in the famous saying- ‘ A lawyer never looses- either He Wins or He Learns ! ‘         

    How do you approach the unique challenges presented by different clients and Industries?

    The first and foremost thing, which I do, is to understand and identify the core issue/dispute involved in the given case and the mindset of client and his desired goal. Thereafter, I make a fresh & unorthodox approach towards finding all the possible legal remedies available for the client and devise strategies with precision taking holistic view of the matter to suit specific requirement of the client but at the same time ensuring that each step involving the dispute resolution is in sync with the legal requirements. Most of the time it requires – ‘Out of Box thinking’ and Risk taking. At times, it involves working beyond clock hours and travelling to different cities and interacting with people from different walk of life. To have a clear and succinct understanding of an event or case, I meticulously study each transactions or step involved till arising of the dispute and thereafter take a practical overview of working of that Industry or Office to get nuances and peep into intention of the person or parties behind such transaction or dispute. Once I am clear on this, I devise a multi- pronged strategy to tackle the issue effectively and efficiently. In accordance to the strategy, the steps are legally executed to get the intended result. So far it has given me success@85-90%. I do not believe in misleading a client or over stating before a client and therefore adopt a pragmatic approach towards the dispute resolution.  I am a firm believer of settling dispute through ADR mechanism especially in commercial disputes and that also makes a client to trust my bonafide. In order to understand financial jargons, nuances and technicalities with more clarity and in order to empower myself with a knowledge, wherein I could not only answer to the Court Room queries but also to Board Room queries, I did Executive Program in Business Finance ( (EPBF)from Indian Institute of Management, Ahmedabad.  

    Given your rich experience, what advice would you offer to fresh law graduates who are about to embark on their legal careers? Are there specific skills or mindsets you believe are crucial for success in the legal profession?

    Rather than advising, I shall prefer to share my experience which itself comprises of experiences of several associates of mine. Here, I would like to mention three things that I have learnt in the process. Firstly, during the initial phase of your career, give most of your time in learning the methodology of doing things, like how are the things being done. Understand the ecosystem in which we work. Learn and understand what is the ecosystem of the District Courts, the High Court, the Tribunal and the Supreme Court. Nobody can learn that ecosystem in such a short span of time therefore you need to have patience and perseverance and an undying attitude for exploring and learning. You need to understand what is registry, what is court master, what is cause list, what is the interplay of various officers in the court, what is the roster, how is filing done in registry, what is the defect curing technique, what is criteria for listing and how are matters listed and more. People think that every day when a case is listed, it is listed for the argument. No, it is not true. On a given day, a matter may be listed only for limited purpose of notice or for limited purpose of arguments or for a limited purpose of compliance. Therefore, we need to understand as to what is required for us to learn during formative years and than learn them effectively. 

    Secondly, as a law student or young lawyer, you should try to learn things other than the law itself. You need to read and understand polity, history, sociology, economics and finance but not in theoretical sense but the news part or the part of it actively influencing day to day life. You need to read news, you need to read technology. You need to read several other things more than the core law during these formative years.

    Thirdly, as a law professional, your connections and relations with people from several walks of life help you in securing cases and to effectively tackle it. Thus you need to forge and curate your relationships and connections with outmost sincerity and caution during these formative years. Even today, I seek guidance and help from my seniors and my cordial relations with them have helped me a lot in advancement of my career.

    In crux, I intend to say that litigation is not just about researching or presenting arguments before the Courts. There is some basic homework which as lawyer you do before arguing your case or presenting your case in the Court on a given date. Now those requisite skills cannot be learnt in the law school but only during your exposure with the Court Eco-system. Moot courts can definitely hone your researching and arguing skills but devoted internships and association as Junior Advocate with right mentor/ senior associate and your personal capacity to grasp things by observing and studying can help you take large strides. Mastering your drafting skills, client handling skills, communication skills and system management, makes you a wholesome lawyer. We, as established advocates always look up for competent juniors with good skills and traits. Learning law in the law school and its application in the real life court scenario with efficiency and effectiveness can help you become excellent litigation advocates of tomorrow. Learning the process and procedure is the key.

    Devotion, perseverance and consistency along with right approach will make one sail through it. Ultimately, it is one’s own hard work and patience that pays. Keep on learning each day. Even as an established advocate, I still thrive to learn each day.

    Get in touch with Abhinav S. Raghuvanshi-