Dr. Aparrajitha Ariyadasa, what was the motivating factor in your life that pushed you to pursue law?
I have a family reason because my role model the father was an interdisciplinary person who was a lawyer as well as a lecturer. He inspired me to be an interdisciplinary personalty if I wanted to be socially and financially stable. I saw the luxuries of my father and from the childhood, I wanted to become a law scientist. Therefore after my Advanced Level, I joined the science faculty and simultaneously, I joined law college and became a lawyer and a science graduate at the same time. Now I enjoy all the luxuries what my father wanted me to have because of my profession.
What aspect of your profession makes you beam with pride on a day-to-day basis?
By doing my profession I feel a sense of happiness and boost my ego because when you win a case to make a good argument you are highly appreciated by the judge the client and sometimes by the opposing counsel. Due to that appreciation, you get a lot of motivation about the profession. As a woman specifically in a male dominated society when you become, he spotlight, it will generate you confident and sometimes over confident., appreciation, motivation, and productivity. On top of that, when you walk in a society, a lady lawyer is highly recognised socially and politically. Being a reputed lawyer will lead you to get social invitations of different societies, social events and gain lot of respect from the society as a credible and a n honourable person.
You have touched on various areas of law in your practice, Intellectual Property, Immigration Law, Competition Law, Criminal Justice etc. Which area of practice is the most preferred by you?
I adore Intellectual Property Law and cyber law due to the very reason that both of them are inter disciplinary law subjects which involves together with Science and IT which are my other specialized subjects in my other degrees.
Can you tell us your experience of getting through your obstacles and setting up ATD legal Associates?
I TOOK MY OATHS AS A LAWYER IB 2000 AND THEN I JOINED TWO MULTI NATIONAL COMPANIES AND a government organization. I ended up as a Director legal in 2008, due to the very reason my husband was pressurizing me to resign as my daughter needs to be taken to school. With this conventional attitude, I had to find my way making everyone happy. I WANTED TO BALANCE MY FAMILY and the work. I had a decent amount of capital with me and therefore, I did not want to waste my time as a housewife. No sooner had I resigned, I planned to start a law firm and rented an apartment and collected the equipment needed. I was lucky that I had only one apprentice and I took the first step to my firm. I could manage my work and the family because I was my own boss. I expanded the employees and my legal services as I had exposure to multinational companies. At last, during the covid, I could link my firm to a number of countries. My main obstacle was my conventional husband and his grumbling about a working wife who gets late home which I could manage due to my patience. Second obstacle was that the anti-feminist discourses in the country. Men did not want to retain a lady lawyer for their cases. To prevent that, I partnered a male attorney for marketing and networking, and I was in the operation. Once the first consultation was done, male clients were highly impressed and with the time, the anti-feminist attitude in males were eliminated. By now its been 21 years of my practice by now and I do not face any problem of discrimination.
How important do you think, protecting data privacy and taking appropriate actions pertaining to cyber security are for start-up companies?
Data privacy of startups safeguards information from loss through backup and recovery. Data security needs specifically to measures taken to protect the integrity of the data itself against manipulation and malware. It provides defence from internal and external threats. Data privacy refers to controlling access to the data in startups.
How in your opinion have IPR laws developed and transitioned over the years in Asia?
Yes. But the management should be streamlined. Training should be given to Patent agents. Patent drafting and registrations need more experts.
Being a full-time lawyer and also giving your valuable time as a visiting lecturer, how do you manage to achieve a perfect equilibrium when it comes to work-life balance?
I am my own boss. I manage my flexible times without disturbing kids and the family I play by the ear.
Having extensive work experience across several countries in Asia, how do you think budding law graduates can pursue an international career in Law?
They have massive opportunities if they specialize several areas such as IP, Cyber Law and data privacy.
As the Senior Partner of ATD Legal Associates can you tell our curious readers how an average work day would be at your firm?
8 hours
What are the qualities you would look for in interns and new job applicants if they should apply to work at ATD Legal Associates?
Preciseness, self-motivated, research oriented and punctuality
What would be your words of advice for young lawyers who aim to set a career in corporate law?
Know your law. Learn your law, further learn it until you die.
Can you share with us how you became interested in pursuing a career in law and what motivated you to specialize in litigation?
From my childhood itself, i have looked up to lawyers and the way they represent the destitute and the needy. that they are the Voice for the Voiceless, and it always intrigued me to see the process of Justice being administered in various Courts of law. I was always interested in various aspects of Law, and later on, during my studies of Political Sciences and law, i became more passionate about the same.
As a qualified lawyer and legal practitioner, you’ve had the opportunity to represent litigants in various courts and tribunals, including the Supreme Court of India. Could you tell us about one of your most challenging or significant cases and the impact it had?
Every case is a challenge and is a frontier to test new boundaries and arenas of law. But some of the most perplexing of cases have been the Public Interest Litigations with which I have been involved on ‘hate-speech’, CAA-NRC, Foreigners detention Laws, Conversion cases, Hijab ban, et al. These have been cases where not only the matter is to be handled inside Court, but also the challenge lies in containing various aspects of the case, outside the Court as well, in that dealing with public anxiety and conscience has definitely been a most daunting and uphill task
Your expertise spans across a wide range of legal areas, such as corporate and commercial matters, taxation, real estate, family laws, women’s rights, intellectual property, and more. How do you manage to stay updated and proficient in such diverse fields?
I’ve been an avid reader, and I try to stay updated with various legal events. Not only do Journal and Reports provide you various insights, but the fact that they are available on a digital platform, makes it easier to learn the nuances of the trade. Moreover, if your a patient listener, many a times, it’s the Client which gives you keen insight into the case.
In addition to your litigation practice, you also work as a legal consultant to the Indian Statistical Institute, Delhi Center. Could you share some insights into your role and the type of legal issues you handle in that capacity?
It’s been a privilege being associated with Indian Statistical Institute, Delhi Center. It has led to a more fulfilling experience in terms of diverse kinds of legal problems with which the Institute has had to grapple with including for that matter it being an Institute of academic importance. Vetting Contracts involving international grants and funding can be a tricky piece of legal advice where you do not want the Institute to suffer, and at the same time, maintain an amiable atmosphere for academicians and staff.
You have been empanelled with various state governments and government bodies, including the State of West Bengal and the High Court of West Bengal. How did you establish these professional relationships, and what are some key responsibilities that come with being empanelled?
I have had the fortune of being associated with a Chamber cum office of the Late G.S. Chatterjee, and subsequently, Mr. Raja Chatterjee, who’ve been always represented and worked with and for these and other numerous States, and Bodies thereunder. It is indeed challenging to defend Government Policy, and stance, particularly, like that of West Bengal, which could be at a difference with the Center. But then such is the beauty of the Federation that we are, and such are the peculiar workings of the great Nation that we are part of.
As a representative for public sector units (PSUs) like GAIL and NAFED, you have experience in arbitration matters and representing clients before specialized bodies like the Debt Recovery Tribunal (DRT) and the Debt Recovery Appellate Tribunal (DRAT). Could you discuss some of the unique challenges and strategies involved in these types of cases?
The DRT and DRAT are the protectorate of “public money”. And if you are a defaulter the noose tightens. But yes, if you can explore alternative ways to resolve disputes, and be creative in seeking redressals, both sides stand to gain.
Apart from your professional work, you have also dedicated your time to social causes and volunteered for various social organizations. How do you balance your legal practice with your commitment to these important causes, and how do they complement each other?
I believe, the practice of law is very deep rooted with our society and social leanings and learnings. During my college days, I was a peer-ed with NAZ Foundation, and was trained as an educator to educate fellow friends and students on HIV and AIDS. By being associated with such concerns, it has given my practice a social side which helps me better understand various social issues and their implications.
Finally, based on your vast experience and knowledge, what advice would you give to fresh law graduates who are about to embark on their legal careers? Are there any particular skills or areas of focus you would recommend they develop to succeed in the field?
Keep your Mind Open ! You probably learned something today, but that doesn’t mean you cannot learn better, or rather unlearn tomorrow. Decide if possible which area of law you wish to pursue, and then start taking measures to achieve that by equipping yourself with the skills required. It’s these ripples which cause waves later on !
Can you tell us about your journey and how you ended up pursuing a career in law, particularly in litigation and arbitration?
Being born to a leading lawyer in a tier-2 city, the choice was clear with limited options to embark and explore. My interest in litigation developed in law school, primarily by participation in Moot Courts, while I took interest in arbitration in my 5th year of law school.
You have experience as lead counsel in domestic and international ad hoc arbitrations. Could you share with us a notable case or experience from your arbitration practice that was particularly challenging or memorable?
Arbitrations are born out of commercial contracts. One of the key aspects in arbitrations is to read and decipher the terms of the contract. The more prudent reading of the contract is expected to prevail. Recently, we successfully defended a claim of damages of Rs.350 crores against our Client POSCO-Steel. The terms of the contract appeared to be skewed but on threadbare reading the reciprocal obligations were found to be not fully filled. As a lawyer, every case is challenging and an add-on to one’s memory and of course makes the journey memorable.
As part of your role, you draft various legal documents such as pleadings, written submissions, and petitions. What are some key considerations you keep in mind when preparing these documents for arbitration cases or other litigation matters?
Every lawyer enjoys freedom to present the case. Speaking for myself, I prefer to keep my pleadings to the material facts and not dump voluminous bald statements or documents. Material facts are to be carved out by marshalling the facts, as presented by the Client. One of the cardinal principles that I follow is to not plead the law in the pleadings. Secondly, it is of paramount importance to not suppress the facts or documents even if they are not in favour of your client. Lastly, ensure that the client has disclosed all the facts without any judgment of relevance on such facts.
You have appeared before various tribunals and courts, including the National Company Law Tribunal, Bombay High Court, and National Green Tribunal. How do these appearances differ in terms of the skills and strategies required?
The fundamental difference between different fora is the law under which a person approaches. One of the aspects that I found was the lingo, language and communication to be different. The fora that you mentioned, in ordinary course, do not conduct full-fledged trials but are summary proceedings, so in that sense these fora are different from civil or commercial courts. Secondly, the time available to a lawyer to present his case in these fora is limited as compared to trial courts, therefore, precision is key. As a matter of skill and strategy, the stage of recording of
evidence is absent in these fora and the matters argued and decided on the basis of facts, as presented and the documents that are relied upon.
In addition to your contentious work, you also have experience in non-contentious matters such as providing strategy advisory and legal opinions. How does your approach differ when working on non-contentious matters compared to litigation and arbitration?
Non-contentious matters are not limited to advisories and opinions, it can include drafting of agreements, liasoning and compliance with regulatory authorities. The approach while drafting a strategy or an opinion, the primary focus is on the business of the client and to the extent possible, avoid potential litigation or non-compliance. Whereas, in arbitration the focus is on the claims already raised either to seek or defend depending upon which side one represents.
During your time at Reliance ADA Group, you were involved in strategic planning of litigation matters across the group’s businesses. Could you share an example of how you approached strategic planning and mitigating legal risks for a complex business case?
Litigations are planned sounds like cases are filed with malice, which is incorrect. Secondly, I was one of the juniors in the team of the General Counsel, and as a junior your role is to follow the orders. But I must say that I did get opportunities to be part of the team engaged in drafting Share Purchase Agreements, Shareholder’s Agreement. The exercise was to modify the corporate structure in compliance with regulatory requirements. One such work which I found interesting was to draft an Agreement of Sale for a yacht, for which I was exposed to a completely new regulatory and review Charter Agreements.
You’ve also worked as Counsel for Tata Consultancy Services in New York, primarily focusing on contract negotiation and drafting. What are some key challenges or considerations that arise when dealing with IT contracts, IT infrastructure, and BPO contracts?
IT contracts revolve around a variety of intellectual property and intellectual property rights (IPR). The challenge is always to ensure assignment of IPR that may be required and to put or negotiate a value. The second aspect is flexibility in licensing. The software is made available on license basis and to ascertain the limitations on the usage of the software under the license. During my time, the concept of SaaS i.e. software as a service was developing, but back to back service level agreements would provide uptime and backups in case of a glitch. Therefore, clauses in respect of indemnity and liability had to be drafted carefully.
As a foreign associate at Translegal LLP in Washington DC, you advised U.S. clients on investments in India and provided opinions on multinational business transactions. What were some of the unique challenges or cultural differences you encountered while working with international clients and navigating cross-border transactions?
I took up the engagement right out of college to understand and acclimatize the nature of transactions between business entities in India and the USA. One of the aspects that I observed was that the decision making process is completely different. US businesses go back to the drawing board only in case of a deviation or an addition, whereas Indian businesses go back to seek approval. When the transactions are both inbound and outbound, the time spent on the decision making process becomes vital.
With your educational background in litigation and international dispute resolution, how have your studies influenced your approach to resolving disputes and handling international cases?
The fundamental qualification of LL.B is the only requirement whether you are a lawyer or judge of the Apex Court. The other qualifications are only to accentuate one’s understanding of law or out of academic interest. Fortunately, for me, I pursued my post-graduate studies with emphasis particularly on litigation and international dispute resolution. During my LL.M, I got an opportunity to work as an intern on a case involving a ship that was registered in the Cayman Islands, fitted with a German engine that got spoiled during its voyage in Norway, and had a Chinese crew. The ship was insured by a US Company. I can only say this to convey the complexity of various entities. But as a student, I could observe how the approach to a dispute varies depending on the party making the claim.
Lastly, based on your extensive experience in the legal field, what advice would you give to fresh law graduates who are starting their careers or considering a specialization in litigation and arbitration?
I don’t claim expertise in my field except to continue to remain a student. My suggestion to my friends is that the key to flourish is to read. When I say read, I mean books that may or may not be related to law. During my consistent interaction with current law students, one of the dangerous trends that has crept in is to read and borrow mostly incorrect information from substandard books. This practice has to be curbed. Another aspect is to always, as much as possible, be aware of the developments that are taking place at the local and the policy level and form opinions and debate.
Can you tell us about your journey and how you ended up practicing law, particularly in the areas of indirect tax cases, company law, intellectual property rights, and the Anti-Money Laundering Act?
I gravitated towards law as a career because I felt practicing law gives you an opportunity to articulate yourself and is an intellectual challenge. Our professors back in college (Faculty of Law, Delhi University), while taking lectures and discussing case laws, would often take us to the stories of courtroom duels. Being a First Generation lawyer, I had very little exposure to the field of law. However, hearing about the Legal Luminaries and their art of advocacy fascinated me a lot. While pursuing LL.B from Law Faculty at Delhi University, the stories of its stalwart alumni further pushed me towards Litigation. I guess that’s how I ended up practicing law after my LL.B. Being a legal practitioner, in the initial years of your practice may not be monetarily rewarding, but as that is taken care of as you grow in practice, additionally, the social recognition that comes with experience is a reward in itself.
The chamber I joined after graduation majorly had matters pertaining to Indirect Taxes and Financial Crimes. What attracted me the most about tax Statutes is that it touches practically everything and their dynamic nature. Benjamin Franklin famously said, “In this world, nothing can be said to be certain except death and taxes.” Since Tax touches almost everything and everyone, Tax law is equally important for individuals, small businesses, MSMEs, or big enterprises. That widens the scope of practitioners of Tax law to practice before different forums for a variety of clients.
Much is the same for corporate law, IPR, and Anti Money laundering. India, post-liberalization, has witnessed massive growth. The growing economy and greater integration with the world economy have necessitated laws to be in sync with international standards. Thus we have seen overhauls in Company law, Competition laws, the introduction of stringent Anti Money Laundering guidelines for financial/reporting entities, and an overhaul of IPR laws such as copyright, Patents, etc. Such changes have also created the need for specialist legal counsel.
You have extensive experience practicing before judicial and quasi-judicial authorities. Could you share some notable cases or experiences that have shaped your career as an advocate?
The last quarter decade has seen tremendous growth in the role of Administrative Law and Quasi-judicial bodies. The Tribunalisation has opened a great many avenues for legal practitioners. Soon after I joined the Profession, I started in tribunals and before the administrative adjudicating authorities. In Tribunals, we have both Judicial Members (who are mostly Retired judges or legal practitioners) and Technical Members (those retired from Governmental departments and are no longer attached to the Government). The challenge before the Departmental adjudicating authority is that they are the serving officers of the Department itself. This raises the issue of Official Bias, which appears to be one of the biggest challenges in the adjudication process. In one of my cases, objections were raised by the Governmental Audit department with respect to the benefit of duty exemption on manufactured goods. The client had availed the said exemption, which was based on the Department’s own Notification. At the pre-Show Cause Notice Consultation stage, we furnished the authorities, precedents, and genesis of the exemption notification and the concerned law. Despite having precedents in our favor, our contentions were dismissed, and the Department went on to issue the SCN. The Original adjudicating Authority also held against us, confirming the demand. However, in a concise judgment, the Tribunal upheld our contentions and ruled in our favor. The entire process took a little over five years. That not only increased the cost of business for the client but also blocked a part of his working capital.
The case being adjudicated by the serving officers is a phenomenon not unique to the law related to Taxation but also pervades other statutes. Take, for example, “The Prevention of Money Laundering Act 2002 (PMLA)”; the Director of the Financial Intelligence Unit- India has the power to issue the Show Cause Notice to the Reporting entities. The Director heads the investigation and adjudicates the SCN, which is the culmination of his own investigation. The cardinal principle that no one should be a judge in his own case goes for a toss. Even in the new Goods and Service Tax Act (GST Act), as in the erstwhile Central Excise Act, the adjudication proceeding is carried by the departmental officers depending upon monetary limits, and they discharge functions in the capacity of quasi-judicial officers.
Therefore, in the context of administrative adjudication, client counselling assumes great importance. The practitioner must give a candid and honest opinion to the best of his ability and also let the client know the probable results of anticipated or ongoing Litigation. This may help the client to decide the future course of action and be prepared for any adverse situation.
As an Advocate on Record before the Supreme Court of India, what are the key responsibilities and challenges you face in this role?
Practicing before the Apex court of a country is a matter of great honor and pride. But practitioners have to be mindful of the fact that they are pleading and arguing before, and sometimes against, some of the best legal minds in the country. Therefore once a year, the Supreme Court conducts an examination before enrolling an Advocate as an AOR. The examination, in addition to testing the legal understanding of the candidate, also ensures that the candidate is well-versed with the Court’s rules, practices, and procedures. But for me, the most significant duty of an advocate on record is Professional Ethics. The Apex court has frowned and has shown its discontentment with AORs who just lent their names to the pleadings without studying and verifying the same. Recently the Hon’ble Court raised concern over the indiscipline of AoRs who had filed pleadings in which derogatory remark was made about a High Court judge. Since an AOR is accountable for pleadings filed in the Apex court, he is expected to perform all due diligence. I, for example, make sure that I read every word of the draft and that the pleadings are concise and to the point. The synopsis filed along with pleadings should never be extravagant or too voluminous. Using simple language and sequential structuring of the facts and law are the main pillars of good drafting. One has to be mindful that in Fresh matters before the Supreme Court, 90 percent of the chances of getting notice issued are based on the pleadings alone.
Intellectual Property Rights seem to be an area of particular interest for you. How did your interest in this field develop, and how do you assist your clients in securing their intellectual property rights?
IPR has attracted me since the days of my college. The fact that something as trivial as a Pen, an object of our daily usage, has an IP history going back more than 100 years is truly astonishing. The case laws we studied during our college days, exposed me to the novel arguments raised in the context of IPR, which were very unlike those raised in other traditional subjects.
In fact, the first case I handled independently before the Delhi High Court dealt with the issue of Trademark infringement concerning the exhaustion of rights in parallel import cases. While researching the case, I went through several journals and articles. I specifically remember the one article written by Late Prof Shamnad Basheer, in which he examined the ambiguities in the law regarding the exhaustion of rights and Trademark infringement. These articles and case laws helped me realize the potential of issues concerning Intellectual Property Rights. Another aspect of intellectual Property that attracted me the most was the ethical aspect. The balancing of monopolistic rights and free and fair use of Intellectual Property in the face of rapid technological development is another area to watch out for.
As for my clients, especially start-ups and freelancers, my first line of questioning is about the protection of their Intellectual Property. There are many reasons why it should be done. A simple Google search will give you a number of reasons for protecting your IP rights.
You mentioned your dissertation coursework on “Sports and its Interaction with the Antitrust Law.” Can you elaborate on this topic and explain the connection between sports and antitrust law?
The origin of sports was exclusively a social phenomenon. With the increasing dominance of economics in the sporting arena, conflict with the law was only natural. One such apparent conflict we have seen the world over is the conflict between sports and antitrust laws.
Take, for example, Sporting Bodies/Federations. We have the ruling from the Competition Commission of India that the Sporting federations are Dominant entities in terms of Section 4 of the Competition Act, 2002. Therefore the question that comes to mind is whether the restrictions or the interference with the right of staff and players to carry on their Profession will amount to ‘Abuse of their dominant position.’
Since these federations enjoy power under the pyramid structure of sports governance, it gives a practical monopoly to them. However, these sports federations are unique in the sense that they are the sole players in the market and have no competition from any other quarter. One of my arguments was the concept of ‘Position of strength’ as envisaged in the definition; will it necessarily need to have another existing competitor in the market, or is it sufficient to cover a single entity in the market?
There are other hosts of issues such as broadcasting and merchandising rights, ownership and acquisition of player’s contracts by franchises, illegal cartel behavior and collusion between sporting Franchises, anti-bidding behavior between the sporting clubs, etc.
We have authorities from foreign jurisdictions concerning anti-competitive practices in sports, which are almost close to 100 years old. The Competition Commission of India has also caught up with the anti-competitive activities in Sports, but there is a host of issues with sports that we may see ripening into dispute in times to come.
Apart from your professional endeavors, you also mentioned your interest in sports. How has your involvement in sports influenced your career as an advocate, and what lessons have you learned from it?
I am a sports enthusiast. I like spending time on the field playing sports. I have played cricket for my school and college teams. Over the period of time as a practicing advocate, I have realized the importance of fitness and a sports-ready mind. Starting point for any good practitioner of law, like any other profession, has to be a fit mental and physical setup. Sports bring a sense of discipline, instill perseverance and resilience in a person, and teach about dealing with uncertainties in life. To that extent, sports resemble the Profession of advocacy where irrespective of the intensive preparation, on a given day; it may or may not work out for you. Even if a day doesn’t work for you, given you have a good mental and physical setup, it’s relatively easier to bounce back and be better prepared next time.
Could you share some insights into your role as a partner at LexAlly Advisory LLP? What motivated you to establish the firm, and what kind of Litigation and consultancy support do you provide to your clients?
We co-founded LexAlly Advisory LLP in 2015 with a vision to bring within its umbrella both the Litigation and the Advisory/consultancy part. The law firm was essentially set up, realizing the fact that it gives me more freedom and control over my working ecosystem. We started modestly and are trying to find our way. But it gives me immense satisfaction that besides the litigation work, we have been able to advise our clients in their day-to-day legal matters. What gives us greater satisfaction is the fact of dealing with new-age entrepreneurs who are coming out with all kinds of novel issues in their business. In a short period of time, we have advised our clients on issues such as business transfer/slump sale agreements, Taxation, IPR protection, general contract management, privacy policy, etc. With a rapidly changing legal landscape, we also try to keep ourselves updated with respect to the newer business models and potential legal complications with such business models. There may be challenges of great proportion running your own shop, but it also gives you that extra independence and flexibility to deal with any legal problem, and the satisfaction that comes after a good job is a reward in itself.
As someone with experience in providing legal consultancy to business corporations and start-ups, what are some common legal compliance issues that companies face, and how do you assist them in navigating these challenges?
Issues with the start-ups are basically domain related. For example, an App developer may face the issues of privacy policy and data protection. Another issue may be with respect to managing the IPRs related to the source code and object code of its application. And it’s a possibility that the owner of the App or IT Programme may not be the original author of such codes. Similarly, those working on disruptive technologies may need assistance in dealing with a host of issues such as IPR, Competition law, etc. The traditional business models need assistance with respect to advisory on issues of Taxation, dealing with administrative authorities, compliances under Company law, etc. Our primary goal is to guide them, provide consultancy to such entities or individuals, and avoid possible conflicts.
Having practiced law for over a decade, what advice would you give to fresh graduates who are considering a career in the legal Profession? What key lessons have you learned throughout your journey that you believe would be valuable for them to know?
Over time, I have realized that the work of a legal professional requires an analytical and objective thought process. It doesn’t matter whether he/she is working as a corporate counsel, working in a law firm, or having an independent practice. For those wanting to enter the arena of Litigation, patience and perseverance are the most essential tools. Withstanding criticism and maintaining the dignity of the Court is essential. For any new entrant in the Profession of advocacy, it is also essential to listen to those who have years of experience. I recall an interesting precept that I received early in my career. While I was arguing a case, the opposite counsel started interjecting me in a loud and unsavoury tone. Naturally, I got agitated and wandered off from the line of my argument. When the matter got over, a senior Bar member sitting in the courtroom very briefly counselled me, asking me to control my reactions, maintain composure, and give due respect to the Bench. These virtues are non-negotiable for advocates. The decorum of the Court must never be disturbed. That left an indelible mark on me.
A legal Practitioner shall always have the insight to learn and unlearn. There will come many occasions for a practicing advocate who might not get direct counselling or words of wisdom, but just by observing the legal ecosystem and watching court proceedings, one can learn so much. In the world of advocacy, experience is the best teacher.
Is there anything else you would like to share with our audience, or any final thoughts or advice you would like to leave them with?
My only advice to young advocates wanting to make a career in law is to always be thoroughly prepared. Only enter any courtroom or client counselling with thorough preparation of facts and law. Becoming a law expert may just not be enough, but keeping oneself updated with General Knowledge and current affairs is also important, as it goes a long way in developing the intellectual understanding of a legal practitioner.
Can you tell us about your journey and how you ended up becoming a lawyer? What drew you to the field of law and motivated you to establish Kanika Bhardwaj Law Firm?
My journey till date has been full of ups and downs. There were several issues from time to time. Being a first generation lawyer, I have started from scratch. There was a lack of resources, there was no office ( I used to keep my files in my car and used to meet clients at canteen or CCD.) But I must say consistency is the key and then obviously one must be passionate and love what they do. If you are not passionate about this profession, I can bet you will eventually quit. So step in this profession only if you are passionate about it.
I always wanted to be a lawyer. So this was fixed. It is not the case of mine where I landed up in court with the flow. I knew this place was for me and I must get in.
Moreover the idea of establishing a Law Firm was there in my mind since 5th year of mine because to be honest, I did almost 12-15 internships during my college days. I knew everything in and out about the courts and I understood that litigation can only be successful if you have clients on table. If there are no clients, no cases, no matter how good you are, your practice will be considered as “FAIL”. So I started moving towards my goal of establishing a law firm and bringing clients to the table since the day one I got my Certificate of practice.
Kanika Bhardwaj Law Firm has been providing legal services in both litigation and the corporate sector. Could you elaborate on the types of cases, matters, disputes, and legal compliance that your firm handles on behalf of clients?
We are dealing in hard core litigation in criminal, civil, family (matrimonial) cases.
We also handle matters in the High court & Supreme court of India which includes appeals, writs, SLP’s, Statutory appeals, Transfer petitions etc.
Plus we are on panel of companies and start-ups (national & international) and handling their legal department which includes contract/ agreement drafting, legal support in meetings, all sort of legal documentation, handling employer-employee issues, arbitration support, Data protection support and alongwith this we also as “Out-House Counsel” for these companies who choose us to be on their panel or get associated with us.
How do you develop innovative legal strategies for your clients to ensure they are always a step ahead in each case, matter, or dispute? Can you provide an example of a successful strategy you implemented?
Every case is different just like every body and mind is different. So legal strategy always depends upon the facts of a case and also depends upon what relief does a client want. When you are in defense, you have to find loopholes in law and process, when you are for complainant or petitioner you have to make sure that a single loophole is not left. So the strategy keeps changing depending upon case to case.
Moreover I make sure that my clients update me with each and every information and detail of the case so that I can make a winning strategy. At times the clients also give incomplete facts or they hide some crucial part of the facts. So the first thing I do is to make the client comfortable and take out every detail of the story that I need to know for the trial.
Second thing I usually do is to know about the opponents. It’s a saying that you win half of the battle if you know your opponent.
Then I come on the laws and procedures and then finally I support my case with judgements/ precedents.
I also make sure to go through the facts of the case again and again for the pleadings and trial. Also I focus very much on the drafting part. Drafting is very important. I have seen some lawyers randomly draft a case through a stereotyped draft. This is wrong practice.
Drafting should be done carefully as the draft of the case is the foundation of the entire case. Whatever you have drafted, you cannot contradict or change the same till the Supreme Court of India. So draft carefully and take proper time in the drafting part.
So this is how I go but again there are several stages in between which again depends upon the facts of a case and relief that client wants.
To make sure that my client is one step ahead, I always keep advising my client from time to time what steps he has to take, what all evidence he has to arrange, what things he should do and shouldn’t do during the trial. At cross-examination, I make sure my client reads every detail of the file and I tell him how to answer while he is being examined. I stay connected with the client and keep him one step ahead.
Your firm strives for legal excellence while appreciating the commercial environment in which your clients operate. How do you strike a balance between personal approach and high professional standards in delivering comprehensive legal services to your clients?
I believe that a lawyer should not develop any personal sort of relationship with the clients. It should always be professional which makes it easier for a lawyer to work and clients also respect the same. If one develops a personal bond with the clients, the client will not take the lawyer and his instructions seriously after one point of time. A client should always have a professional picture of a lawyer in his mind. Personal approach should only be limited to an extent if a client wishes to express his emotional side in regard to his case or general/ basic information about any relevant issue.
Could you share some insights into the team at Kanika Bhardwaj Law Firm? How does the management and operations function within the firm, and what role do you as a founder of the firm play in the decision-making?
So we have 3 juniors as of now, one office boy, one clerk and 5-6 interns which keeps changing. Whenever we get a fresh case, the juniors do the drafting, share it with me, I finalize the draft. Meanwhile the juniors do the research work, find relevant judgments on the same. Clerk is responsible for all the fillings in the court, getting the orders, keeping a record of cases and maintaining the files and other clerical work.
We do have a team for legal drafting too. But the final draft of the case or any legal document is always finalized by me personally.
Kanika Bhardwaj Law Firm handles a wide range of practice areas, including civil litigation, labor law, arbitration, corporate law, intellectual property rights, and more. How does your firm ensure expertise in such diverse areas, and what is your approach to handling different types of cases?
With the right team, right resources and right networking we make sure that we are able to provide our expertise and handle different cases.
The stages in all these cases are almost the same. Every Act follows the process of CPC or CrPC. And one should also thoroughly know the Evidence Act. The exception if any and the way of challenge, appeal of an order, the jurisdiction etc. is given in the Act itself. So if you read, everything is there in the Act itself. One just has to follow it. It is not rocket science.
According to me a lawyer should know everything, learn everything and do everything until he comes to a level where he can earn in Lacs for 1 hearing.
I always aimed to provide services in diverse areas, I never wanted to restrict myself in a particular field. A lawyer should have knowledge of everything.
Also the expertise comes from experience. The more and different cases you will do, the more experience and expertise you will have. It is a simple funda.
Plus, it is very important to have the right kind of networking with seniors and other important people. At times there can be a situation where you are stuck, so one must have the right connections who can help you out in such situations. We make sure that we have the resources, networking, knowledge, expertise and skills to manage different cases. But all this is not built in a day. It cannot happen in a few days or months. It took 10 years to come this far and maybe it will take a few more years to reach a certain level where I have always dreamt of.
In addition to handling cases in various courts and tribunals, your firm also offers retainership and contract-based legal services. Could you explain how these arrangements work and how your firm maintains effective communication and updates with clients?
The empanelment of law firms or lawyers in government and private companies is common. We act as an “out house counsel” for several companies (both nationally and internationally) and handle their internal and external legal matters and drafting of their documents e.g. contracts, agreements, NDA’s, Legal notices, arbitration support plus we handle their litigation in court. We also provide the companies and start-ups legal advice they need from time to time.
For all internal issues, drafting of legal documents, legal consultation, IPR and data protection related issues we charge a monthly retainership amount depending upon the work burden of a company or start-up. And in case there is any litigation, we charge extra for court cases and the fees are pre-decided. So this is how it goes.
Initially the issue or drafting comes to juniors, they give me a basic draft, and then I finalize it. The court hearings are attended by me personally.
All the communication is via mail and virtually via zoom or google meet. If required our office is always open on working days and working hours for in-person meetings.
The legal landscape is constantly evolving. How do you stay updated with local and international legal developments that may affect the interests of your clients? How does your firm adapt its strategies to incorporate these changes?
We all stay updated with the latest judgements and rules. Nowadays several websites online keep us updated on latest judgements, rules and amendments. Several webinars are being arranged. In fact, lawsikho is one such website that helps us stay updated.
For judgments we have SCC and Manupatra access plus we have access to several other newsletters.
The scenario has now changed a lot. With the digitalization in the legal profession, it is very easy now to stay updated with national and international laws.
Also we keep ourselves updated from international bar associations and their pages plus we are also connected to lawyers and researchers who are working in relevant fields internationally if we want to know any specific law/ rules or guidelines.
As a successful lawyer and founder of Kanika Bhardwaj Law Firm, what advice would you give to fresh law graduates who are starting their careers in the legal field?
Today I have seen the law students and fresh law graduates directly in order to maybe show- off or for whatever reason directly start their internship or practice from supreme court or high profile law firms which is a major mistake. I can bet you will not understand a word there and you will end up wasting your time.
The right way is to start from ground level. Start from district court. Learn Trial; learn basic things e.g. filling of a case, filing of summons, learn the art of cross- examination, the stages in civil or criminal case. Once you have mastered this, and then go to the High court/ Supreme Court. Then you will be able to understand the process and arguments in upper courts.
If you start from High court or Supreme Court directly, you will not know how to conduct a proper trial or you won’t be able to handle a case individually.
Could you please tell us how you ended up pursuing a career in law? Was it something you always aspired to do, or did you discover your interest in the field later on?
Initially I was very interested and curious about matters relating to science. I passed out of school with the aptitude of pursuing science and research. Long story short, after graduating with a BSc(Hons) Degree I happened to visit law firms with my father for a few of his professional matters. The intrigue of a law firm and the challenge of each assignment attracted me towards the legal profession and I decided to pursue a career in law.
Were there any specific events, experiences, or individuals that played a significant role in shaping your decision to pursue law as a career?
The decision to pursue law as a career was in particular largely influenced by my Late father, Bireswar Chatterjee and my father figure Late Dinabandhu Mandal, who was the Senior most partner at Fox & Mandal. While my father was always confident that the legal profession was to be my destiny, Late Dinabandhu Mandal came across in my life as a Godman and unparalleled goliath who I was in awe of since the very first day. A larger than life figure who was respected by all around. Once embraced by him into the legal profession I could only be on the path he showed.
Could you share with us your educational journey and the steps you took to become a lawyer? What were some of the challenges you faced during this process?
My educational journey started with Lamartiniere, Kolkata. I was always keen to be on the sports field and tried by hand and foot at Cricket, Football, Hockey and Athletics. This was the most important part of learning at Lamartiniere. I learnt to live life, enjoy, struggle, fight, compete, laugh, cry and make friends through extra curriculars in this institution. Studying was the next part. I completed my class 12 with an ISC degree and went on to complete my graduation with Bsc (Hons) from Scottish Church College. Lamartiniere however always stayed in my soul and continues till date. After graduating I met my Godman, Late Dinabandhu Mandal on a career defining day and decided to pursue legal studies from Hooghly Mohsin College which was offering a 3 year law course to graduates. So much was the passion then, I decided to join Fox & Mandal in my first year of law itself as a half day intern and used to slowly learn the practical application of law and study case files under the guidance of Seniors in the firm and the magnanimous shadow of Late Dinabandhu Mandal. Though Late Dinabandhu Mandal is no more, there will be no one quite like him in the firm and the legal fraternity for a very long time. The challenge was to make a mark in this legal arena which had very little room for first generation novices. I was also told by a few during those days as to why I was here in this legal profession at all and that I should move towards other pastures or perish. It was demotivating and depressing on occasions but I survived.
What were your early experiences like as a law professional? Could you highlight some key milestones or memorable moments that helped shape your career trajectory?
Just like any lawyer during the early 2000s trying to make a mark in Kolkata I started as a Junior assisting Mr. Shuva Mandal (currently the Managing Partner of Fox Mandal & Associates) in civil and commercial litigation cases. I always had an affinity towards company law related matters and got the opportunity of watching stalwarts such as P.C. Sen and B.K. Bachawat (to name a few) prepare and argue for matters. As time went on I found an interest in transaction documents and started honing my skills at drafting transactional documents. The most memorable assignments which I worked during those days were an infringement action against the makers of the T.V. Series “Karishma” and by first Admiralty Matter relating to the arrest of a vessel named “M.V. Stella Th”. An assignment involving setting up of the “Kolkata West International City” project also was extremely challenging and memorable. After an initial year or so with Mr. Shuva Mandal I worked with Mr. Kaushik Mandal and thereafter with Mr. Shourya Mandal (currently Co-Managing Partner of Fox Mandal & Associates). Mr. Shourya Mandal reposed utmost trust and faith in my abilities and provided the support and encouragement to achieve where I stand today. His contribution and guidance is a continuing process till date.
It would be incomplete if I did not mention the knowledge I acquired from two Senior Counsels of Calcutta High Court, Late Pratap Chatterjee and Mr. Ranjan Bachawat in course of the innumerable matters I had the good fortune to work with. They always took the effort to explain, reach and reprimand me. I thank them for the affection and time they contributed through their busy schedules in shaping my growth. Though Late Pratap Chatterjee is no more, all like me who happened to have the good fortune of working with him shall miss his presence for the rest of our lives.
What drives your passion for the field of law? What aspects of the profession do you find most fulfilling?
The passion for law is the biggest mystery for most lawyers which cannot be deciphered and /or reasoned. Maybe it is the uncertainty of things and outcome which attracts. It is a relentless drive forward to learn, practise and achieve greater milestones each day. Even the sky probably would not be the limit of this drive. The most fulfilling aspect of the profession is the scope to be innovative on the application of law and strategy. There is nothing sweeter and satisfying than the closure of a hard worked on transaction or a toughly fought and contested litigation ending in your client’s favour. The comradery and respect among colleagues, juniors and seniors is also overwhelming. Being a part of the vast legal community has always been like being part of a mammoth family which in a very unique way assures you that you belong here and that there is scope to learn and improve every day.
What are your primary practice areas within the field of law? Could you briefly explain what each area entails and why you chose to specialize in those particular areas?
The primary practice areas are Corporate Law and related dispute resolution including Arbitration. Civil Commercial Litigation and Insolvency. Company Law was a subject and continues to be a subject which I have always been attracted to. The flow of events from the shaping of a transaction / deal to the situation where occasionally parties to a transaction, in course of time, fall apart for various unprecedented reasons leading to a situation of dispute resolution or litigation require parties to avail legal services. I would simply say that I find myself most comfortable and can express myself best in these situations and hence specialization to me in these verticals came quite naturally.
Throughout your career, what are some of the most valuable lessons you’ve learned as a lawyer? Are there any specific cases or experiences that had a profound impact on your professional growth?
The legal profession is definitely a marathon which spares no one. It takes a “lambi race ka ghora” to make the most of what this profession offers and succeed here. The important lessons learnt are to respect colleagues and seniors, be patient, value time and the importance to develop a disciplined and methodical work approach. It is also essential to learn and improve from your experiences each day. Professional growth comes each day with experience and time spent on matters. However, there have been a few cases involving personalities and complex situations which have made a difference. In recent times the resolution of Rohit FerroTech Limited by Tata Steel under the Insolvency and Bankruptcy Code was an assignment which was satisfying. Another recent matter involving resolution of disputes between promoters of Switz Foods and other shareholders was nice experience.
What advice would you give to individuals who are considering a career in law? Are there any misconceptions about the profession that you would like to address?
A career in law is to be chosen out of passion and the will to be a part of the large legal fraternity. Accumulation of wealth by seeing the success of established individuals should never be the criteria, they can only be an inspiration to fuel one’s desires to succeed and become better lawyers. I believe that there are no shortcuts to long lasting success here in the legal profession and people must have the aptitude for taking the grind for the long haul. Every aspiring individual considering a career in law must have patience and the will to sacrifice their time spent on recreation, friends, relations and relatives and pursue their passion of making a place in this vast legal fraternity by devoting all his mind, heart, body and soul to this noble profession. Patience coupled with the ability to sacrifice along with the will to survive and put all that one can to the demands of the legal professional is extremely essential for making a career.
Lastly, what advice would you like to give to fresh graduates who are entering the legal profession? What key skills or qualities should they focus on developing, and what strategies can they employ to succeed in their early years as lawyers?
Fresh graduates need to choose where they want to be and what they want to achieve wisely. They should in today’s times dig / see deep within themselves and decide whether they have the aptitude for practising as a legal counsel at the various courts and tribunals comprising the framework of the judiciary or should they join a law firm for practising in a vertical of their choice such as Corporate law, Real Estate, Banking & Finance, Dispute Resolution etc. Some may even opt to make a career in a Corporate House as legal assistants and become a General Counsel with time.
As for strategies irrespective of where one is and which vertical one opts for, success comes for the ones who have the will to passionately and diligently meet the requirements and demands of their profession. The passion and will to succeed must burn under all circumstances and be backed up by disciplined and consistent hard work. The ability to work and adjust with a team, various people and going forward build a team is also extremely essential. It is also an appreciated quality and essential to be ethical in practices adopted with clients, colleagues, seniors, juniors and other people associated with the legal fraternity.
Sir, please you tell us about your journey and how you ended up practicing law, specifically in the field of Corporate & Commercial, Private Equity & Venture Capital?
Before deciding to specialize in of corporate and commercial law, I embarked on a journey that involved several internships and experiences in various legal fields. These experiences allowed me to explore different areas of law and gain valuable insights into the legal profession. As I progressed through my studies, I continued to seek internships that aligned with my evolving interests. By my fourth year, I had gained substantial exposure to corporate law through internships in law firms specializing in corporate and commercial matters. These experiences allowed me to work closely with experienced lawyers and professionals in the field, exposing me to the intricacies of corporate transactions. Throughout these internships, I found myself captivated by the fast-paced and dynamic nature of Corporate & Commercial law. I was drawn to the complex challenges and strategic considerations involved in advising businesses and facilitating transactions. The opportunity to work closely with brilliant seniors who advised entrepreneurs and established companies in their pursuit of growth and success appealed to me greatly.
You have worked on various corporate and commercial transactional matters across sectors such as healthcare, media, and fintech. Can you share some notable experiences or cases that have shaped your expertise in these areas?
Throughout my career, I have had the privilege of working on a diverse range of corporate and commercial transactional matters across sectors such as healthcare, media, and fintech. Each transaction has presented unique challenges and opportunities, and I have gained valuable expertise through these experiences.
One notable experience that comes to mind is a healthcare transaction where I represented a medical technology company in its acquisition of a smaller healthcare startup. This transaction involved intricate negotiations, due diligence, and regulatory considerations. It was a complex process that required a deep understanding of the healthcare industry, as well as expertise in drafting and negotiating the acquisition agreement. During this transaction, I had the opportunity to work closely with both the acquiring company and the startup. I had to balance the interests of my client, who sought to expand its product portfolio, with the concerns and objectives of the startup’s founders. Through careful negotiation and creative problem-solving, we were able to structure a deal that satisfied both parties and facilitated a successful acquisition.
In the fintech sector, I had the opportunity to work on a venture capital investment deal for a promising startup that aimed to revolutionize payment processing. This transaction involved multiple rounds of funding, negotiations with venture capital firms, and extensive due diligence. It was crucial to ensure compliance with regulatory requirements and address investor concerns while protecting the interests of the startup. Throughout this transaction, I learned the importance of meticulous due diligence and effective communication among all parties involved. By thoroughly analyzing the legal and financial aspects of the startup, we were able to identify potential risks and develop strategies to mitigate them. The end result was a successful investment deal that provided the startup with the necessary funds for growth and the investors with an opportunity for significant returns.
These notable experiences, along with numerous other transactions, have shaped my expertise in corporate and commercial law. Each transaction has been a learning experience, allowing me to develop a deep understanding of the sectors I work in and refine my negotiation and problem-solving skills. My approach has always been solution-oriented, aiming to find mutually beneficial outcomes for both sides of the parties involved, while ensuring legal compliance and protecting my client’s interests.
Your work includes advising Fortune 500 companies on corporate and commercial transactions. What are some of the key challenges or considerations when dealing with domestic and cross-border collaborations in India?
When dealing with domestic and cross-border collaborations in India, there are several key challenges and considerations that arise. These challenges stem from the unique legal, regulatory, cultural, and business landscape in India. India has a complex regulatory framework, and it is crucial to navigate various laws, regulations, and policies to ensure compliance. Key areas of consideration include foreign exchange regulations, company law, taxation and sector-specific regulations. Understanding and adhering to these regulations is vital for a successful collaboration.
How has being featured in ALB India Rising Stars 2023 impacted your career and professional growth?
On a personal level, being featured in this distinguished list has provided validation and motivation. It is a testament to the hard work, dedication, and passion I have invested in my legal career and the faith that the organization (ELP) has on me. The recognition has reinforced my belief in my abilities and has inspired me to continue striving for excellence and making significant contributions to the legal profession.
In your experience, what are some of the key factors that contribute to a successful joint venture or strategic alliance between companies, both domestically and internationally?
As a general thumb rule – a successful joint venture or strategic alliance between companies (domestically or internationally) require the parties to have a shared understanding of their objectives and a clear vision for the partnership. This includes identifying the specific goals, synergies, and benefits that each party expects to achieve. Ensuring alignment at the outset minimizes potential conflicts and sets the stage for a successful collaboration. Once the objectives are clear, establishing a robust governance framework is crucial for effective decision-making and conflict resolution. Clearly defining the decision-making process, roles, and responsibilities of each party ensures efficient management of the joint venture or alliance. Finally, tailoring the agreement based on the above is crucial to avoid ambiguity and potential conflicts.
As a lawyer practicing in the corporate and commercial sector, what are some common legal challenges or issues that businesses face when entering the Indian market?
Key areas of consideration that generally need to analyze are foreign exchange regulations, company law, taxation and sector-specific regulations. Understanding and adhering to these regulations is vital for a successful collaboration. However – despite these areas of consideration, India presents numerous opportunities for businesses looking to invest and expand. With its large consumer base, emerging sectors, and government initiatives, India continues to attract companies seeking growth. By addressing these legal challenges and working closely with legal professionals who are well-versed in Indian laws and regulations, businesses can navigate the Indian market successfully and unlock its vast potential.
Lastly, based on your experience and expertise, what advice would you give to fresh law graduates who are aspiring to build a successful career in the field of corporate and commercial law, particularly in India?
If I must chronologically respond to the above Seek Mentorship:
• Find mentors who have excelled in the field of corporate and commercial law. Their guidance, support, and insights can be invaluable in navigating your career path, understanding industry nuances, and making informed decisions. Learn the good, ignore the rest. Remember, the legal fraternity is very small – people will always remember how you are to others.
• Cultivate Professionalism and Ethical Standards: Upholding professionalism and ethical standards is essential for a successful legal career. Maintain integrity and develop effective communication and interpersonal skills to establish trust and build strong professional relationships.
• Gain Practical Experience: Seek out internships and practical experiences in law firms, corporate legal departments, or relevant organizations. Practical exposure will provide you with invaluable insights into the field, help you understand the real-world application of legal principles, and develop essential skills .Specialize and Continuously Learn: Corporate and commercial law is a vast and dynamic field. Consider specializing in specific areas such as mergers and acquisitions, contracts, intellectual property, or securities law. Continuously update your knowledge and stay informed about changes in laws, regulations, and industry practices through seminars, workshops, professional development programs, and legal publications.
• Develop Business Acumen: Understanding the business context is crucial for corporate and commercial lawyers. Gain a solid understanding of business fundamentals, financial statements, market trends, and industry-specific knowledge. This knowledge will enable you to provide practical and commercially viable legal advice to clients and contribute to their overall business objectives.
• Develop Strong Legal Research and Drafting Skills: Corporate and commercial law requires excellent research and drafting skills. Practice conducting thorough legal research, analyzing case law, and applying legal principles to complex situations. Hone your drafting skills by preparing well-structured and concise legal documents, contracts, and agreements.
• Embrace Technology and Innovation: The legal industry is evolving, and technology is playing an increasingly significant role. Familiarize yourself with legal tech tools, research databases, document management systems, and other technology solutions that can streamline legal processes and enhance efficiency. Embracing technology and innovation will make you a valuable asset in the evolving legal landscape.
• Be Resilient and Adapt to Change: The legal profession can be demanding and challenging. Cultivate resilience, the ability to adapt to change, and a growth mindset. Embrace new challenges, learn from setbacks, and continuously seek opportunities to expand your knowledge and skills.
Remember, building a successful career takes time and dedication. Be patient, embrace opportunities for growth, and stay passionate about your chosen field. With perseverance, continuous learning, and a proactive approach, you can forge a rewarding and successful career in corporate and commercial law in India.
Can you tell us about the journey that led you to pursue a career in law and establish LexStreet Advisors LLP?
Let me start with a quote of Nasir Ali “The journey always goes, but it is not easy. It is always wrapped up with struggles and surprises”
My career in law was never a choice but a chance. When you do your work with good intentions with honesty & integrity, superpower plays its role. Profession of law has always been close to my heart. When I completed law graduation way back in 1989 from one of the prestigious law colleges, K.C.Law College, Mumbai, I wanted to join practice right from day one but did not get motivation from my family and friends. Legal profession was always close to my heart. I was forced to take up a job in a private sector organization. But in my job also, I stick to the profession of law only. All throughout my career in private sector companies also, I worked in legal departments only and that is where I got opportunities to interact with various law firms and individual lawyers in Mumbai & Gujarat. During my job, 1st time way back in 1992, I got an opportunity to interact with a Senior Partner of Manilal Kher Ambalal & Co. (now MKA), a well-known law firm during the days when Harshad Mehta scam had just exposed and the Govt had then started a Special Court for tainted securities. I got an opportunity to coordinate with MKA in those days when I was employed with one of the companies of Kirloskar Group.
After spending almost 20 years in various organizations, finally I straight away jumped into practice. Initially I started on my own and later in 2014, along with my old friends in the legal profession, we incorporated Lexstreet Advisors LLP on 5th November, 2014 and since then we have never looked back and our journey as a law firm started….
LexStreet Advisors LLP is known for its integrity and value-based proactive services. Can you share some examples of how your firm has helped clients effectively navigate the complicated legal and regulatory landscape in the country?
We stick to our policy and vision. We have never compromised with professional ethics, honesty & integrity. Irrespective of the size of clients, whether individual, partnership firms and corporate clients, we have dedicated the same time and resources with a proactive approach. The true value of proactive approaches does not lie in their predictive abilities. The true value lies in the disciplined process. Such approaches can examine the strengths and weaknesses in systems and services being rendered by a law firm. We listen to every client’s problem and their difficulties and understand in depth what they expect from us. The situations have arisen when we had to refuse one of our corporate clients as we were preoccupied with important assignments. This has certainly given a positive and powerful message to the corporate client. The corporate client had really appreciated our approach and next time, the same client had approached us with positive thoughts and we helped them and when they needed our assistance.
As a full-service law firm, LexStreet offers a wide range of legal services. Could you highlight some of the key areas of expertise and specialization within your team?
If I have to highlight key areas, I must mention Securities law, Corporate & Commercial laws, Insolvency laws, Arbitration law, employment laws, DRT & Civil litigations as well as advisory services. Nowadays new generation law firms are not keen on civil litigation but I feel there is a big vacuum as far as civil litigation is concerned. I must also mention the non-litigation area as a practice as we have been advising the private sector as well as a couple of PSUs on legal issues.
Today’s young lawyers are after M&A & PE practice but I personally feel that is not the end. Law is an ocean and it’s very crucial to select areas of practice. At the end of the day clients must be happy and satisfied with the services.
LexStreet has a strong network of partners, lawyers, associates, and counsels with domain expertise. How does this network contribute to the firm’s ability to provide prompt and accurate advice to clients?
All the partners of Lexstreet are highly experienced legal professionals having wide experience in their respective domain areas of practice ranging from 18 years to 34 years. Wide experience of every partner and associate partners have certainly contributed to the growth of the firm. We are also expanding our horizons as far areas of practice are concerned. With the introduction of new statutes by the government like Data Protection laws, Artificial intelligence, our law firm is committed to induct new talents.
As a designated partner and advocate-on-record with extensive experience, could you share some notable achievements or cases that you have worked on throughout your career?
I, as an individual Partner and experienced law professional, realised that knowledge sharing is a very crucial factor. Since the last 6 years I have been regularly sharing articles on LinkedIn regularly and In-house Counsels, legal managers working in various organizations have been appreciating it. Today I have crossed close to 2700 followers / connections on LinkedIn, which is a testimony of my passion for knowledge. I have also been invited to various moot court competitions being organized by various law schools including HPNLU & Narsee Monjee. This has certainly helped to get connected with many In-house Counsels who, in turn, have been assigning briefs to our law firm.
LexStreet places high importance on maintaining professional ethics, integrity, and moral values. How do these values translate into your day-to-day operations and interactions with clients?
Well, let me say very honestly that today, the legal industry has turned into a big industry rather than a noble profession. However, doing business and revenue generation is one side of the profession and following professional ethics and moral values is another side of this noble profession. For me, adherence to professional ethics coupled with honesty and integrity is of prime importance, which in-turn have certainly helped us to retain our valuable clients which include large domestic as well as non-domestic companies. Business and ethics go hand in hand, if one does not follow them, they are finding it difficult to survive in today’s competitive market.
In the rapidly evolving legal landscape, what skills and qualities do you believe are crucial for young lawyers to develop in order to succeed in their careers?
In today’s highly competitive market, the crucial factor is retaining existing clients and at the same time attracting new clients. I would advise young lawyers to remain very humble, diligent in his / her work is very important and more important is to maintain humility is a core value of this noble profession. For the first time, When I met one of our family friends, a retired High Court Judge for his guidance before starting my practice, he just told me, once you take up an assignment of any client, small or big, do it wholeheartedly, irrespective of any fee you get. I have kept these words in my mind.
As a leader in the legal industry, what are some of the emerging trends or challenges that you see on the horizon, and how is LexStreet adapting to stay ahead?
For law firms, the experience of navigating COVID-19 has accelerated the pace of change and will continue to significantly impact operations, organisational culture, and the way lawyers work. The trends that were underway before the pandemic struck to continue challenging and transforming the industry at an accelerated pace. These include client empowerment, technology adoption, law firm consolidations, new players entering the legal services sector, and value-based pricing. We are committed to adapt to the changing technology in the era of upcoming AI.
For fresh graduates who are considering a career in law, what advice would you give them based on your own experiences and insights?Let me tell young lawyers that there is no short cut to success. Patience and perseverance will bring desired results. I would advise every young lawyer not to adopt any shortcuts to achieve success. They must be humble and respect this noble profession. Increasingly, customers expect lawyers to demonstrate extreme trust — that is, to proactively watch out for their customer’s interests. My school batchmate, who is now a Judge in the apex court, always says that there is something like a rule of Law.
Can you tell us about your journey and how you ended up pursuing a career in law, specifically as a Dual Qualified Solicitor (England & Wales) and Advocate on Record?
My mother was a Civil servant who served both at the Parliament and the Ministry of Home Affairs. It was through her that I was introduced to the world of Legislation and law enforcement and the important role that they play in society. I also had the opportunity to interact with the then Attorney General, Senior Advocate Shri Soli Jehangir Sorabjee. That really sparked my interest in law and I decided to pursue it as a career.
After completing my studies and enrolling in the Bar I started my practice in the Supreme Court. As is the rule, all filings were done through an Advocate on Record and I had the opportunity to work with several very talented and inspiring advocates. This strengthened my resolve to appear for the AoR examination as soon as I was qualified and I was lucky enough to qualify in my first attempt.
As an AoR I represented certain clients who had business interests in the UK and occasionally had to deal with English Solicitors. I was fascinated by how far the English law had come since our independence and decided to qualify in their Jurisdiction so as to get a better understanding of it.
You have extensive experience in Privacy Laws, including GDPR and CCPA, as well as expertise in Crypto Currencies and Artificial Intelligence. How did you develop an interest in these areas of law, and what drew you to specialize in them?
I have always had a keen interest in technology. Through my education and practice I have been a witness to how and why technology outpaces legal developments and what the lack of effective guardrails can mean. These last couple of decades have redefined how we socialize, communicate, share/absorb information and take decisions. The more I engaged with technology the more I realized that a convergence of scientific developments, ethical considerations and legal boundaries are necessary to ensure that these developments are a boon for society and not its bane. The connections and sometimes, the tensions between Technology and law have not only become my profession, but my passion as well.
Could you share some of the notable cases you have handled, particularly those where you appeared and argued before the Supreme Court of India? How did those experiences shape your career?
One of the most impactful cases where I got the opportunity to argue before the Hon’ble Supreme Court was in the batch petitions challenging Aadhar linkage with various schemes and benefits. The manner and speed with which Aadhar was being linked with every facet of live for Indian citizens raised serious fears about the creation of a surveillance state. On 24th August 2017, the Hon’ble Supreme Court delivered a landmark judgement that declared privacy to be a fundamental right under Article 21, overruling verdicts given in the M.P. Sharma case in 1958 and the Kharak Singh case in 1961.
Another very interesting and impactful case that I was fortunate enough to act as an intervenor in a batch of petitions that sought legislation for the regulation of Crypto currencies and challenged an R.B.I. Notification whichbarred regulated entities (Banks and other regulated Non-Banking Financial Entities) from dealing with Crypto Currency entities before the Hon’ble Supreme Court. The R.B.I. had not taken any regulatory stance on Crypto Currencies and yet it effectively sought to scuttle the Crypto Currency industry by denying them access to banks. The Hon’ble Supreme Court was pleased to hold that the circular was a disproportionate restriction on fundamental rights, as RBI needed to show at least some semblance of any damage suffered by its regulated entities and there was none. The Court also held that there was no law that made dealing in Virtual currencies illegal.
In both these cases, I was blessed enough to appear alongside Industry stalwarts and the decisions of the Court renewed my faith in law and the independence of the Judiciary.
As a legal professional, you have advised companies, web/application developers on compliance with various data protection laws and regulation of Artificial Intelligence. What are some of the key challenges faced by organizations in navigating these complex legal landscapes?
Organisations all over the world will now need to develop a data protection/management and Artificial Intelligence strategy, especially given the pace with which these technologies and our reliance on them are growing. A lot of concerns arise from the lack of understanding about what shape regulation will take and how it will impact the development of these technologies.The fact is that there are no Internationally accepted rules for their regulation, there are certain laws such as the G.D.P.R and guidelines issued by the O.E.C.D but the fact is that legal regimes everywhere are adopting different and sometimes conflicting standards. Organisations also need to be wary of the fact that any mistakes involving the use of these technologies can substantially damage their brand value. It is time to start making substantial investments in R&D to address the issues of data protection, bias, accountability and transparency.
You have also provided guidance on data subject rights, reporting of data breaches, and dealing with regulators. What are some of the best practices you recommend for companies to ensure they handle data responsibly and maintain compliance?
The O.E.C.D. had in 1980 issued its “Recommendations of the Council Concerning Guidelines Governing the Protection of Privacy and Trans-Border Flows of Personal Data” containing the following 7 principles for protection of personal data:
Provide notice—data subjects should be given notice when their data is being collected;
Disclose Purpose—data should only be used for the purpose stated and not for any other purposes;
Obtain free and fair consent—data should not be disclosed without the data subject’s consent;
Maintain system and data security—collected data should be kept secure from any potential abuses;
Honour the data subjects right of disclosure—data subjects should be informed as to who is collecting their data;
Provide data subjects with access—data subjects should be allowed to access their data and make corrections to any inaccurate data
Be accountable —data subjects should have a method available to them to hold data collectors accountable for not following the above principles
These 7 principles have formed the bedrock of many international treaties such as the Convention 108 and national laws such as the G.D.P.R. There are, of course, many national rules such as those concerning Children’s data and other special categories of data such as Financial, Health and sexual orientation that must be complied with.
With your expertise in cryptocurrency and blockchain, you wrote a paper about the introduction of a Central Bank Digital Currency in India. Could you elaborate on some of the issues raised by such a digital currency and its impact?
A CBDC is the legal tender issued in digital form and is exchangeable one-to-one with government-issued money. In theory a CBDC could offer multiple benefits to users such as lower transaction costs and faster settlement times. However, there are several concerns that have not been addressed so far. The primary concern is that since the digital rupee would be programmable money, it could encompass features that were never really meant for a central bank. Some examples would include retail operations, surveillance over the citizenry and the power to introduce negative interest rates on accounts maintained with it. All this merits legislative and judicial oversight, not to mention the fact that a CBDC creates a centralised point of failure that could cripple the entire financial infrastructure in case of a hack, or even a simple system outage. The provisions of present laws were simply not drafted keeping in view these considerations.
Throughout your career, you have worked as both an in-house counsel and a litigator. What are some of the unique perspectives and skills you gained from these different roles?
In my experience acting as an in-house counsel makes one more focused on compliance and timely resolution of issues, preferably through means of alternative dispute resolution. It helps that you access to have better resources and more man power. You also learn to be quite proactive, identifying problems before they arise and resolving them and adopt a business focussed approach.
Litigation instils a strong sense of public service and gives you a more straightforward and cost-effective approach. It gives you more independence but also makes you more accountable. It can be quite daunting, but quite rewarding as well.
As a successful legal professional with a diverse background, what advice would you give to fresh graduates who are aspiring to pursue a career in law? What key skills or experiences should they focus on developing?
The most important advice I can give to any aspiring lawyers is to hone their research skills. This is an important and often overlooked part of legal education and initial years of practice. They must learn not to be limited to their text books, but must also read through judgments, legal journals and periodicals. This will empower them and give them enough confidence to conduct original research and write papers themselves, thus giving them invaluable domain knowledge.
Can you tell us about your journey into the field of law? How did you decide to pursue a career in this field?
I am a lawyer by default. For me law was an unlikely choice. As a child I was fascinated with planes and so dreamt of pursuing a career in flying but later, since I didn’t have best of the eyesight which is quintessential for being a pilot (particularly Airforce pilot), I harbored interest in doing MBA and eventually taking up c-suite job with an MNC. Gladly, the universe had other plans for me.
Soon after I graduated from Campus Law Centre in 2004, I briefly worked on the original side before trial courts and the High Court of Delhi. In 2006 I went to King’s College London for LLM. During my LLM I secured an opportunity to intern with the British Institute of International and Comparative Law, London, which is one of the leading independent research centers for international and comparative law in the world. It was only during my studies in the UK that I developed interest in law.
After coming back from London in September 2007, I worked briefly with Singhania & Partners. Thereafter, the same year I joined Fox Mandal Little. Here I was part of the disputes team doing general litigation and arbitration matters and worked till 2010.
In June 2010, I joined J. Sagar & Associates (JSA) in New Delhi, where I worked for almost 7 years. At JSA I was part of the regulatory & policy team and for the first time got introduced to the diverse infrastructure sectors such as energy, telecom, cable & broadcasting, aviation etc.
I left JSA in December 2016 to head the legal & regulatory function for Media.Net Advertising FZ-LLC (a multibillion-dollar Ad Tech co.). It was a one-year stint as Vice President (Legal & Regulatory), based out of the company’s headquarter in Dubai, UAE, and my role involved advising the management on US, China and EU laws & regulations around the company’s business and technology and coordinating and supervising litigation matters of the company across different jurisdictions.
I returned to India in January 2018 to start my own firm along with my partner, who is also ex-JSA, under the name ‘RegLaw Chambers’. The firm specializes in regulatory, policy and legal matters across telecom, media & technology (TMT), cable & broadcasting, space, energy, oil & gas, aviation, environment, ports, real estate, highways and other infrastructure areas. In 2022, I was called to the Bar as Barrister in England & Wales at Gray’s Inn, London.
What have been your key take aways from your journey as a first-generation lawyer?
Legal profession is extremely demanding and to sustain a career in law you need to be resolute. Nothing can supplant hard work, commitment, and knowledge. Everything that is required for having a successful legal career only gets amplified for a first-generation lawyer, including the challenges. Therefore, as a first-generation lawyer one needs to have unflinching determination. In my survey the two necessary attributes that one needs as a lawyer are knowledge and articulation, both of which can be acquired with persistent hard work.
Could you share some insights into the nature of your work and the sectors you focus on?
My area of practice is regulatory, disputes and general corporate commercial laws within the regulated sector of the economy, such as telecommunication, cable & broadcasting, technology, space, energy, oil & gas, aviation etc. I advise on certain highly niche areas, such as outer space, undersea cabling, IoT/M2M, privacy & data protection, investments etc. My practice is a good mix of disputes and advisory. I regularly appear before diverse regulatory fora and courts for my clients. While regulatory happens to be the core area of my work, I do take up matters on the civil and criminal side as well.
Since you have also worked in-house internationally, could you tell us about some of the challenges working across different jurisdictions presents?
The fundamental challenges that multi-jurisdictional work entails are different time zones, different laws/regulations and different systems. Certainly cross border issues are generally very complex. When you are coordinating or conducting work across different jurisdictions, the foremost task is to map all applicable laws and survey precedents. Concurrently, you engage with lawyers from different jurisdiction(s) to help gauge the situation and ascertain possible outcomes and recourses available to achieve the desired outcome. All of this requires immense work since you are often working in unfamiliar jurisdictions.
In 2018, you started your own regulatory disputes practice under the name ‘RegLaw Chambers.’ What motivated you to establish your own firm?
While working in the law firm I and my partner (who is also a co-founder with me in RegLaw Chambers) occasionally had chats about someday going independent. But we could not then traverse through the comfort and security of working in a big law firm. In 2016 we parted ways briefly when I left the law firm to pursue an international career. This period of staying away from India was a moment of reckoning for me. During my time abroad I worked closely with founders of billion dollar start ups and was part of the process of setting up start-ups in different countries. I suppose it was then that I gathered confidence to do something on my own and uncovered the real worth of my domain expertise.
How has this multi-jurisdictional experience influenced your approach to legal practice?
Today businesses have become more international than ever, and multijurisdictional experience undoubtedly adds to your credibility. The wide expanse of my work over the years right from litigation, negotiating deals, closing investments, and handling regulatory investigations across jurisdictions could not have been possible without my multi-jurisdictional experience.
The exposure to other jurisdictions surely has had an indelible impact not just personally but also professionally. It has been a point of inflection where today I am not risk averse and more versatile than ever. This aside, the confidence that I acquired in handling complex matters is supreme.
Could you share any memorable experiences or lessons you have learned during your journey as a lawyer that have had a lasting impact on your professional and personal life?
If I was to telescope my several years of experiences and lessons as a lawyer,
I would say this – If you create value in you, it’s only a matter of time before the world finds you worthy of notice.
I am an ardent believer that what you make of your life is your responsibility. Do not expect people to come and help you. Also do not permit anyone to come and define you for you. Be confident and persevere through all situations.
As a final question, considering your extensive experience in the legal field, what advice would you give to fresh graduates who are just starting their careers in law? What skills or qualities do you think are crucial for success in the legal profession? My advice to young lawyers would be to constantly invest in yourself to make yourself valuable. By investing, I infer acquiring knowledge and skills needed for practice of law. Never go unprepared to court or for a meeting. Constant improvement and striving to know more than your audience must be the perennial theme. And always work with 3 Cs viz. conviction, confidence, and congruence.
