Sir, can you briefly tell us, what predominantly led you to choose law as your career?
I have always enjoyed the solving of problems. Law presented challenges which required solutions which is why I decided to pursue the career.
As a student of law, what were the subjects that deeply intrigued you?
I was always interested in international human rights law and international law as I had a background in international politics.
How and why did you choose criminal defense as your primary practice area? What do you think are the primary challenging areas in this field of law?
I chose this area as I felt I could make a significant different for disenfranchised people. The constitution plays heavily in litigation which is fascinating
You have witnessed a wholesome experience as a prosecutor in Newfoundland and Labrador while acting as the sole prosecutor on the Burin Peninsula. Can you share with us your key learnings that would guide budding lawyers who expect to launch their careers in criminal prosecution?
Always over prepare. Early on your career you may lack the natural gifts of more senior lawyers but you can make up for this by spending time preparing as best you can for every eventuality.
Sir, you have had an extensive experience in defence proceedings for offences ranging from common assault to attempted murder. Would you like to share some interesting strategies you employed to win a particular case?
Applied pressure to a specific Prosecutor which had my attempt murder client released.
As the managing partner at MD LAW GROUP, can you give us a glimpse of an average day at work?
Often times they are long days. I interview clients, review documents that come from the prosecution and often spend days in court in trial,
From your experience sir, what are your strategies and policies when it comes to negotiating with prosecution offices and how do you handle it when the negotiations don’t turn up in your favour?
Always be respectful of your fellow lawyers. You may be diametrically opposed in position but always show kindness and remember this is not personal but business. When things go wrong I usually summarize our impasse in writing and urge them to accept my position.
Sir, with the infinite growth in opportunities, what are the areas you would suggest where upcoming law graduates can focus and elevate themselves?
Based on my experience family law and employment law are excellent opportunities where the business can be marketed successfully.
How important do you think are internships for law graduates in order for them to bag prestigious careers? What are the qualities that you look out for in your prospective interns or employees?
It is always important to seek internships to successfully start your career but there are many unconventional choices and I would not be discouraged if an internship was not obtained immediately. In regards to qualities of internets or employees I think it is important that they come with an approach of willing to lean and are willing to roll up their sleeves and work.
What would be your words of advice for new graduates? What is your take sir, when it comes to choosing a specialization in law in early years of one’s career?
Take your time the right opportunity will appear. I myself didn’t want to do criminal law but grown to love the work. Be careful on specializing early you should really that first year to attempt course offerings before you make a decision.
Sir, please tell us about your decision to pursue law.
To be honest it wasn’t my first decision. Both of my parents being doctors, it was in my head since childhood that I would always grow up to be one. But in fact I was never fond of the sciences and it was not my forte. So, after my class 10 exams I joined a coaching institute prior to taking up science in class 11-12 and struggled massively. It was only then that I actually realised that I should not be taking this up out of sheer wishful thinking. Similarly, commerce was out of the equation because I hated numbers and wanted nothing to do with it. Studying the arts and language was something I actually enjoyed but never gave much real thought about pursuing. It was then that my grandfather, who was a Senior Advocate of the Guwahati High Court, suggested going ahead with studying arts and then law. So for me it was less of a decision to pursue law initially and more of a trial and error situation which eventually led me to it.
We would like to hear about the struggles you faced during your initial years.
After graduating from Bangalore University in 2013, I immediately got my one year LLM, so I started my career a year later in 2014. I moved to Delhi and was referred to the chamber of a Central Govt. Standing Counsel of the Delhi High Court. I was specifically taken on to handle and assist the Govt. cases which ranged from Writs, LPAs, PMLA appeals, 482 CrPC etc. So it was a very challenging start and one where there was very little money and a lot of workload. Whatever I earned was spent on travelling from my home to Court to the chamber and vice versa. I am among the lucky ones in litigation to have had the financial support of my parents for a longer duration to be able to sustain myself then. If you do not have the financial wherewithal at the formative years, litigation is tough to sustain and more so in the metros like Delhi, Mumbai, Bangalore etc.
What qualities do you think one must keep in mind while drafting?
In my case, because I was only doing Govt. work for close to three years after starting my career, my drafting also reflected the same lethargy. It wasn’t my best work and certainly wasn’t my most dedicated because that same uninterested attitude sets in. So in 2017, I moved on and joined the office of one of the most distinguished AORs of the Supreme Court, as he then was and now a Senior Advocate designated by the Supreme Court, Mr. Anupam Lal Das. It was there that the nuances of good drafting were inculcated in me. The first quality is to go through your case papers minutely so that you have every last detail needed to draft. The second would be to structure your draft in a proper sequence and not in a haphazard manner so that it makes perfect sense. Also, it should be crisp and to the point and should not go on and on repeating, so as to fill out more pages. The third would be using simple language and most importantly, a very respectful tone and tenor. It should not come across as rash and aggressive towards the Courts. Good and careful drafting can really make or break a case at times.
How would you explain the importance of legal research?
Everyday various judgments are passed by the High Courts or the Supreme Court on numerous issues. They are diligently uploaded or extracted on blogs, legal websites, twitter etc almost immediately. Everyone should make use of these forums and keep themselves abreast of any new developments in the field. Moreover, our profession is such that 9 times out of 10 there would be a legal precedent in favour of one of the parties to litigation. Either you research to use these judgments in your favour or atleast be aware of any against you to avoid embarrassment in Court. Almost any and every case is supplemented by precedents and research is absolutely essential and might I say, very easy in today’s day and age to be on top of.
What tips would you like to give to the legal professionals who want to appear for the AOR examination?
Though it may seem very daunting, if you actually practice regularly before the Supreme Court then it becomes much less so. The first paper is literally Practice and Procedure of the Supreme Court and your everyday practice makes you ready for a majority of the questions asked, apart from the few theoretical aspects. Second is drafting, which can again be tackled if you do practice in the Supreme Court. Though the most common drafts used are SLPs, Civil/Criminal Appeals and Transfer Petitions etc. certain drafts are a little technical and need to be properly looked at like Original Suits, Section 11 petitions, Article 32 Writs etc. For your Professional Ethics paper, going through the Advocates Act, 1961 and the Bar Council of India Rules are a must. Literature on ethics is provided and there is a wide collection available online to go through. The last is Leading Cases, which pertains to the landmark judgments of the Supreme Court and are updated every exam. Though a booklet is provided to the candidates during the exam, containing the headnotes of every case in the list, it is impossible to cull out the importance or the ratio of these judgments without atleast once reading of them all. Just go through them in your free time and it will help immensely.
Please tell us about that one case you have learnt the most from.
There are a couple in which I really invested myself. (2018) 2 SCC 298 Orissa Lift Irrigation Corp. Ltd. was a case in which the Supreme Court cancelled the engineering degrees of various colleges on the ground of being though distant learning mode after about 10 years of graduation. Most of the people were now settled in their jobs/careers for years and suddenly their degrees are voided. I assisted Mr. Das for a lot of such students who approached us and we sought modification from the Court. Though we ultimately lost we did put in a lot of effort in this case because we truly believed they had been left high and dry. Another was (2023) 1 SCC 463 Kirloskar Bros. Ltd which pertained to the issue of permitting contract labour and employer-employee relationship and the Supreme Court passed judgment in our favour in view of the settled position of law. I learnt a lot about the legal issues governing the CLRA Act, 1970.
Coming towards the end of this conversation, please enlighten our audience about the most valuable lesson you have learnt so far.
I think I am still learning as I am about to start only my 10th year in the profession, which as you’re aware is a novice in litigation. However, one thing I have learnt is that you win some cases and you lose some but what you shouldn’t do is become attached to them. Don’t take your losses to heart as long as you’ve provided the Client with your best assistance. It is imperative that you learn to let go. Always read up on your case before stepping inside a Courtroom for even a Passover. You never know when it turns into your day to step up.
As a conversation starter, please tell us about how you ended up pursuing law as a career?
I used to identify myself as an accidental lawyer, but with over a decade behind me since law school I am confident that I was meant to do law. It was through some family friends’ recommendations and guidance from a career counsellor that I ended up prepping for law school entrance exams in the pre-CLAT era and thankfully I landed up at GNLU, Gandhinagar.
Although my earlier aspirations were to pursue accountancy (largely attributable to my having been brought up in Gujarat where pursuing CA has been a perpetual trend) I realised shortly after graduating from GNLU in 2011 that my natural acumen is much better suited for practicing law.
Could you please tell us about the challenges that you faced when you switched to practicing law in India?
So after spending a few years abroad and working with international organizations I realized that I did not want to limit myself to a particular area or a particular court. I figured my ability to crack a regulatory or legal framework in a short span of time worked equally well a variety of practice areas.
With this the natural step was to transition to practicing law. The biggest challenges were making decisions, being to either practice in Delhi or elsewhere, sticking to chamber practice or moving towards consulting.
In the present day I identify myself as a legal strategist and consultant focusing on corporate and commercial disputes. Dabbling in various avenues of practice and gaining a perspective on where I am best suited was the prime challenge and I hope it continues to remain one as a constant growth curve leads one to redefining their position of contribution.
What according to you are the key drawbacks in the current legal and disputes landscape in India?
I think this question is better suited for a thesis. But just at the top of my head, while since Covid we have seen a much welcome transition towards adoption of technology by the Indian judiciary, the impetus must continue to bring further transparency and swiftness in the disputes landscape.
Another challenge that I realise is the disparity in the pay structure for young lawyers, and I partly hold law schools responsible for this. See, a medical school is very closely attached to a hospital where a medical student deals with the rigours of practicalities in an operation theatre or a ward and emergency. However, law schools due to multifarious reasons have the ability to offer mostly theoretical knowledge. A young lawyer even from the best of law schools may not be able to appreciate the nuances of drafting even a basic affidavit from day one; whereas it is rather standard to expect a MBBS to perform stitches on a patient even prior to their graduation.
While internships may offer some bit of exposure, not every internship will turn out to be as equally rewarding in terms of learning. Combining research acumen with a pragmatic approach will help increase the preparedness for young lawyers.
What difference do you see between the legal education system abroad and the one in India?
Speaking from my experience of having pursued a LLM in UK, one of the key differences is the method of pedagogy. Law schools in UK are a lot better equipped for seminar-based interactions whereas courses at Indian law schools are still largely structured around lectures.
Additionally, the method of taking exams is also significantly different as UK law schools assess their students through take home exams which hone their research and legal writing abilities significantly.
What keeps you motivated at work?
Thankfully many things.
I have the constant urge to know answers to my clients’ questions before they ask them and presenting the way forward. I believe that’s the very foundation of expectations of a an in-house counsel from an external counsel and more so when concerning disputes and litigations.
Along with this I have the support of a great team (both mentors and colleagues) at King Stubb & Kasiva which only multiplies my motivation.
Given a hectic schedule, please tell us about how you spend your time off.
Over the years my definition of time off has changed significantly. As a disputes counsel one really needs to shed the ideas of weekends, etc., as that’s when a lot of work actually takes place in terms of briefing conferences, arbitration proceedings and mediations.
While a lot of people highlight the adversities of glorifying long working hours and I do partly agree, balancing the time with a huge chunk falling in favour of spending time doing law is the requirement for any counsel who seeks to add value.
During the time I am not doing law, I tend to interact and catching up with family and friends, planning for travels and travelling, reading and some bit of occasional kite-flying.
Lastly, please tell our audience about the lesson you have learnt the hard way.
Being kind and humane to your colleagues is not only a great attribute but also a much-needed trait in a profession which sees severe stresses, short deadlines, and complexly contentious issues.
A lot of people may say that one should be patient but not many can explain how to achieve it. Patience is actually a great quality for a disputes counsel, and this requires putting in a lot of work to have complete clarity.
Sir, please tell us your motivation behind pursuing law.
Till about class X, there was no real thought about life post school. But yes, somewhere in class XI I started thinking of appearing for the entrance exams for different National Law Schools. During class XI and XII, the focus was only on the board exams so I did not prepare during those two years. But for about 2 months after the board exams, I prepared and appeared for different exams. I got through most National Law Schools and joined the National Law School of India, University at Bangalore in 2003.
I come from a family of bureaucrats so the only introduction to the world of law was through an Uncle who was a Senior Advocate in those days. He had a flourishing practice so I was inspired by what I saw. The world of law looked glamorous and seemed the best out of the available options for me. The thought process also had the approval of my parents so it became a straight forward decision.
Please elucidate about your student life and how was it like to pursue law from the best law college in the country.
I studied at the Doon School, Dehradun. It was a great phase of my life where I made some of my closest friends. The school starts in class VII and is an all-boys boarding school. There was a lot of focus on sports, extra-curricular activities, fitness, and personality development. The life lessons learnt in my years at Doon have been invaluable.
I joined NLSIU, Bangalore in 2003. This is again a phase of life I look back at with great fondness. Having been at the top of my class in school I found myself in the middle of my class in terms of academic performance. This took some time to sink in. I made some great life-long friends at NLS, Bangalore. I had a regular college phase: studies, sports, extra-curricular activities. A very regular and happy existence for 5 years.
I participated in two moots. I took the advice of a senior friend who had advised in jest that make sure the locations of the moots are good and you go as a speaker and not as a researcher. I represented the college in one moot in Goa and one in Pune. I also attended a Model United Nations in Canada. In hindsight, I did this just for the CV. I wrote 6 articles while in college and got them published in different legal journals, in hindsight all this was done with an ulterior motive of cv building rather than for the sheer academic joy of publishing an article-this was not right.
I did different internships: AMSS, Justice Manmohan (then an Advocate), Justice Jayant Nath (then an Advocate), Late Justice Valmiki Mehta (then an Advocate) etc. I got a pre-placement offer from AMSS in their policy team at the end of my 4th year. However, I also got an offer from Boston Consulting Group, one of the top strategy consulting firms towards the middle of my 5th year and I ended up accepting that.
You worked at AZB & Partners for 5.5 years in their M&A team and started litigation post that, how was that transition?
After 18 months of working with Boston Consulting Group as a strategy consultant, I consciously moved back to law. My stint at AZB & Partners was terrific. I learned all my basics of law there in terms of drafting, attention to detail, negotiation skills, appreciating the nuances of legal provisions etc. I worked in the team of Mr. Anil Kasturi who did mergers and acquisitions and incidentally was an alumnus of NLSIU, Bangalore (1996 batch). Working in a top tier firm taught me a lot in terms of professionalism, turn around times, thoroughness, etc. During my time at AZB & Partners the size of firm was not what it is today. Thanks to Mr. Kasturi I got to work for marquee clients like Warburg Pincus and Bain Capital. The experience I gained I am sure is continuing to help me today. The working environment was very congenial and it was common to have friends across teams.
Apart from the work, I also played many cricket matches for AZB & Partners, I used to open the batting and bowling. In one of the years we even won the SILF Tournament which is an inter-firm cricket tournament.
At the beginning of 2015, I was beginning to have a realization that I wanted to transition to litigation. I was quite vocal with my friends at AZB that this step was on my mind. The next big conundrum was which senior to start my litigation journey with. Mr. Percy Bilimoria, a senior partner at AZB in those days, introduced me to Mr. Darpan Wadhwa. I worked at the Chamber of Mr. Darpan Wadhwa for 18 months. It was an uphill learning curve because I was not well versed with litigation procedures. We were a small team of 3 Associates and I learnt a lot in those 18 months. Mr. Wadhwa was nice enough to let us do our own cases while we worked in his chamber. After this 18 month stint, I started my own litigation chamber. In hindsight, this was perhaps the one phase of my life where I was not a good junior. I was somewhat in a hurry to start on my own. It was a little unfair to my senior Mr. Wadhwa who was too kind and generous to tolerate it.
After going independent, I got empanelled with DDA and South Delhi Municipal Corporation. I started handling cases on a regular basis for these entities. Subsequently, I also started handling cases for NHAI, GAIL, ESIC, EPFO etc. Through word of mouth I started getting private clients as well. The growth was not rapid but the upward curve was sufficient to feel that my career move was justified.
Our audience would like to know about that one case which you can never forget.
In my early years of litigation, I had a young man walk into my office who was apprehensive that his father in law would kill his wife since they had just eloped against the wishes of her parents and a few hours back her father had taken her away. We filed a petition for Habeas Corpus [Vikrant v. GNCTD & Ors] before the Division Bench of Justice Sistani and Justice Vinod Goel seeking urgent relief. The court listed the petition the very same day and directions were passed to the SHO of the concerned area to bring the newlywed wife to court along with her father. Despite some counselling from the judges the father was not willing to relent. The court finally directed that there should be no interference in the marital life of the couple from the girl’s family. A few days later the boy invited me to his small marriage reception. There, many of their relatives came and thanked me and some even touched my feet. I had never seen this sort of reactions from a client before. Having been able to positively make a difference in people’s lives, I felt very good. There have been other cases with great financial consequences but in my eyes, they pale in comparison.
How has your experience been of working with the Income Tax Department?
I became a Standing Counsel with the Income Tax Department in November, 2019. I had never really done too much direct tax before. Being a first generation lawyer I wanted to gain expertise in a niche area of law. I handle cases at the Delhi High Court, NCLT and NCLAT. Last 3.5 years have truly been an eye opening experience. Justice Shakdher currently heads the tax Division Bench. He is someone I look upto as a mentor so appearing before him on a daily basis really gives me great happiness. Learning and mastering the nuances of direct tax has really been a pleasurable experience. I really recommend all young lawyers to keep an open mind about taxation law. It’s an acquired taste but something that can be enjoyable once you get comfortable with it. Further, after handling income tax briefs when one picks up a civil-commercial law brief it seems like a breeze.
I have recently applied to become the Senior Standing Counsel of Income Tax Department. If that comes through, there will be more responsibility given to me.
You were involved in the process of amending the Constitution of the Indian Olympic Association, how was that experience?
In September, 2022 the Supreme Court had appointed Justice L. Nageswara Rao with the task of amending the Constitution of the Indian Olympic Association, finalizing the electoral college, and conducting the elections for the Indian Olympic Association. It was an honour to be a part of a very small 2 member team set up by Justice Rao to assist him in this task. I got to work with a man of his caliber very closely on almost a daily basis. The learning I got from this experience will stay with me all my life. Most importantly, I gained a mentor.
The elections have been successfully conducted and the new team of Executive Council Members have taken over. For the first time an athlete Ms. PT Usha is the President of the Indian Olympic Association. My association with IOA is continuing even after completion of the task assigned, I am now a member of IOA’s POSH Committee upto 2026. We are dealing with a few cases and I hope I will continue to discharge my duties to the best of my abilities without fear or favor.
Which are the forums that you work in regularly?
I work most regularly in the Delhi High Court, Supreme Court, NCLT, and APTEL. I handle cases for the Union of India at the Supreme Court where my task is to brief the AG, SG, and ASGs on the cases assigned to me. In the High Court, I am the Standing Counsel for ESIC and Income Tax Department. In APTEL I appear for a few State Electricity Regulatory Commissions. Along with appearing for government clients I also appear for private clients across forums. It is important to have a healthy mix of private and government work and over dependence on one stream of work especially government work is not ideal in the long run.
In order to end this conversation, would you like to give any piece of advice to our audience?
The one issue I am sure youngsters face is the financial struggle in the initial years. There is no sugar coating the fact that second generation lawyers starting out in Delhi and even first generation lawyers with families staying in Delhi have a head start. Having to pay rent and fend for yourself in terms of food etc in the initial years is a challenge no doubt. This is why there is to some extent an entry barrier to litigation and people from good law colleges used to prefer joining corporate law firms but I see this changing. Even the top ranked students are willing to give litigation a shot.
Overall the qualities of hard work and sincerity are the most important ones. As a junior lawyer you must always be well prepared, you never know when the judge will call upon you to assist the bench. Opportunities come your way in this profession when you are not expecting them. Someone who keeps his head down and prepares for each case diligently will eventually start to stand out from the crowd.
Lastly, it is best not to compare yourself with anyone else. There will be people who seem to be ahead of you but their starting points were different. It is best to focus on one’s own journey and take pride in one’s own journey and preserve one’s reputation. It always helps to have a few mentors in your mind whom you have worked with or been associated with. In difficult times, it’s best to ask yourself how they would have dealt with the particular issue/conundrum. This, in my experience helps navigating difficult /tricky phases and issues. Lastly, honesty and integrity will never go out of fashion.
Tell us what inclined you to pursue law as a profession?
Well there is no inspiring story here unfortunately. I did choose science as my study stream for my plus two boards, but that was because my parents initially wanted me to become a doctor. Law happened pretty accidentally actually! It was more like law chose me. My uncle, who is a lawyer at the Calcutta High Court, told me at that time of the emergence of the national law schools across the country and the bright, young graduates these institutions were producing and suggested I should try taking the exams for these law schools. I only took the exam for WBNUJS, Kolkata (ours was the last batch who took individual law school exams instead of the CLAT) after preparing for about a month. The results came out about two weeks before the boards and I was very happy to find that I had gotten through. I decided that this was what I was going to pursue and make a career out of. And that is how it happened.
Do you have any mentors so far that helped you so far in this journey, and how far do you consider the role of mentors crucial in the industry?
Yes of course. You cannot grow as a professional in the legal industry (or for that matter any industry) without the help of your mentors. A good mentor will teach you so much especially as a litigating lawyer – the art of a good draft, how much to say and what not to say in Court, how to strategize a matter etc. Whatever little I am today I am because of some excellent mentors I have had in the industry.
Why does Corporate law attract so much attention? What makes it so unique?
Well it would be easy to say that it attracts the attention of young graduates because of the money on offer, but that would be a shallow perspective. If you do not like and enjoy what you do on a daily basis, you will not stick around or grow, no matter the money on offer. This is why you see attrition rates are so high in the bigger law firms. However, if you like what you do, then the sky is the limit. Speaking personally, as a Disputes lawyer, I love the challenges of my job day in and day out. I have to keep our clients happy and they must feel comfortable to repose their trust in their high stakes, valuable matters in me. I have to advise them correctly, guide them down the right path, put every ounce of research and knowledge into these matters so that their chances of success are enhanced and they know that they are in safe hands – it is a challenge I am up for every day of the week.
How do you manage your time schedule on a daily basis and what drives you to be consistent?
I would not lie, law firm life can be pretty demanding – whether you are an A-1 level associate or a partner, every day brings its own challenges which consume most of your time. I have varied interests apart from law – I love reading fiction, watching sports especially football, spending time with my family and my dog. While most of my time is taken up by my work, I ensure that at the end of the day (no matter how late it is) I am taking an hour or two out to do these things I love – read a bit, maybe watch a film or a game of football, take the dog out for a walk, maybe go for a run or a long drive sometimes. It rejuvenates me and helps me face the next day with the same enthusiasm again.
What differences have you noticed in international arbitration and national arbitration, I mean what’s more challenging amongst both?
Both bring their own challenges to be honest. In an international arbitration, you are bound by the procedure of the institution under whose aegis the arbitration is happening – SIAC, ICC, LCIA etc. and the procedure is much more streamlined as opposed to domestic ad hoc arbitrations. Also, in international arbitrations you often have to work in close collaboration with foreign lawyers or law firms, and therefore seamless execution of the work can be a challenge as well as a learning experience at the same time. On the other hand, in domestic arbitrations, especially ad hoc ones, arbitrators adopt their own procedures and therefore the same may be different from one arbitration to another, and you are constantly adapting as a lawyer to make the best case for your client. However, arbitration in India has been developing at a fast rate, and amendments to the statute in 2015 and 2019 have ensured shortening of timelines and streamlining of overall procedure, and I believe the future of arbitration in India is very bright.
Do you believe that AI will lead to data breach and violation of privacy, if yes, how can it be mitigated?
I am not a data privacy lawyer and therefore I am ill-equipped to answer this question. My opinions on AI and data breach are based on what I have read in popular media, and I do not want to adopt a conspiratorial tone for your readers without in-depth familiarity with the issue myself.
Few tips for our readers that helped you as well in this journey?
First of all, you must decide what you want to do. Law firms are not be all and end all for a law graduate – there are a lot of career choices you can adopt – you can be a corporate lawyer, a litigating lawyer, an independent practitioner, an academic or venture into public policy. Do not follow the herd- look into your heart and see what you really want. As I said before, if you are not finding what you are doing everyday exciting or challenging, there is no point doing it. Also, no matter which path you choose, there is only one mantra of success for all of them – read. You have to read constantly as a lawyer, you have to keep updating yourself. Law evolves constantly, you can never be a good lawyer if you are not evolving with the law as well. That would be my two pennies for your readers.
To start the conversation, please tell us what motivated you to pursue law as a career.
Well, initially I was never inclined towards the practice of law, and rather was more interested to work in companies and become an In-House practitioner. Being a 3rd Generation legal professional, I knew the battle ahead to stay in the game. Plus I was [still am] an athlete and played a lot of professional matches, so time had to be matched equally between career and sports. Kolkata is where I was born and raised, hence, arguing and negotiating came quite naturally to me, much like all legal professionals from the city. Quite early on I was introduced to the world of litigation, policy brutalities, burgeoning stress of drafting, long hours of excruciating patience, hopping Court to Court, etc. as I used to accompany my mother and grand-father, who were a noted law practitioners in Kolkata. I would say that the experience was there [and it was surreal], which is fundamentally why I wanted to avoid it! However, with my abrupt migration to Mumbai in the year 2013, I swept my entire time and energy into commercial litigation and thereon, I never really looked back, so really the motivation never came early on, but rather stuck with me as I started litigation in Mumbai.
Sir, you have completed a decade of practice in law. Has the profession given you what you expected out of it?
Yes, indeed so. I have completed my graduation in the year 2012, then passing the AIBE in the year 2013, so it’s been more than a decade into the field. It has made me to travel across the country, representing disputes in their strangest and malignant forms, meeting a diverse group of people, charter me into international disputes and place me as an International Arbitrator and so much more. I never expected to have so much exposure to disputes when I was merely an angry young student of law, deeply involved in politics, sports and students’ movement in Kolkata. Quite candidly, I never wanted to be so involved too! The profession has given me so much and so much more, because of which I now firmly believe that our litigation practice truly makes you younger and braver and the more you practice, the more you learn new things.
Our readers would like to know about your areas of practice and your interests over the last 10 years of law practice.
I come from a generation of lawyers, politicians, and bureaucrats, so criminal law came quite naturally to me as I was fairly accustomed to the nuances of investigation and arrests. However, I started off with Winding Up matters under the Companies Act, 1956 [now repealed] and similar commercial disputes. Arbitration sounded fancy at the time and gave my hand on couple of ADR matters initially. But since being in the chambers of my Senior, who is a full practice litigation professional, it got me experienced in a host of matters, ranging from Municipality disputes, cheque dishonour, Suits, complaints, divorce, testamentary and what not! Being involved in so many types of litigation opened a Pandoras Box for me, unleashing the opportunity to at least master the practice and procedure [if not the law]. Over time, I got involved in various other types of matters, involving labour disputes, cyber-crime, bails and trials, Penal sections, Admiralty, IPR, NCLT and IBC, etc. making me go places and expose myself to a varied gravy of matters. I keep one thing in mind, the basics of dispute is always the same and the principles to resolve any dispute is never complicated. Its more logic and reasoned.
What is a Career in Alternative Dispute Resolution like, especially from an international perspective?
ADR is the future. The facts speak for themselves. There is an indiscriminatory rise in litigation before various Courts and this exponential rise in matters, casts an unbearable burden on not only the Judges, but the Advocates, Prosecutors, Pleaders, clerks and the entire system along with it. We all have knowledge of ADR in Matrimonial disputes, and further it being introduced in the form of ‘Compulsory Mediation’ in Commercial Matters, however, if understood smartly, ADR can be used the same way as litigation, which is commonly used by almost all International Institutions as an effective method to conclude the disputes, by arriving at amicable settlements and charging for the same at pre-determined rates. The additional skill sets which will be needed are the necessary tools for effective research, razor sharp strategy and persuasive negotiation skills to effectively resolve disputes. I have clients wanting to end disputes, not win a matter for it to be overturned in Appeal, so I suppose ADR is the way forward and now with the extensive advent of technology, practice has never been more convenient and organized.
Could you please tell us about the personal and professional challenges you encountered over the years, up until you established your own firm and thereafter?
Well, it has always been pretty much hard work and putting in the hours of work towards it. I have always focused on positives and rarely been idle till date. I have constantly been on the move, shifting focuses and building experiences around disputes and people. There have been insurmountable challenges that I have faced along the way, but we always move forth, right? We all do. Professionally, I have worked with Counsels, Advocates and in a noted law firm, and from every such entities, I have developed various skills. Skills in people management, little bit psychology, legal strategy, learning the procedures, knowing more laws, defining my own argument style, knowing when to shut up and sit [or walk away], as I always preach everyone, law is common and everyone is expected to know, what matters is how to interpret it and to whom the same is being interpreted to. One must definitely know how to read the mind of another individual and be aware of the basics of psychology. Once I was convinced that I could finally walk on my own, I took the leap, almost impromptu and here I am, better by the day.
How do You see the development of Alternate Dispute Resolution methods over the coming years?
I foresee a complete overhaul of the existing system to place litigation in a symbiotic relationship with technology and a consequent yet systematic development of the entire ADR regime. Legal professionals will be more adapted to resolve disputes, either through Courts, which mandates the compulsory ADR process, via ADR Institutions or by Advocates engaging with the disputing parties to mediate and negotiate the disputes. In my years of experience, it is only recently that I have come across parties that are mediating and settling disputes, only through effective negotiations, at the final hearing stages, thus saving enormous stress on the entire system and its [breaking] parts! Final Resolution of disputes would mean an end to the dispute and by the look of it, who would not want to develop it? So as I see it, ADR will play a prominent role in the adjudication of disputes of all nature, without exceptions.
There are many certifications, like the one given by CIArb (Chartered Institute of Arbitrators) to take up Arbitration as a career. Do you think taking such certifications helps along with practice?
Education and being educated, are very different. For example, no one teaches you litigation, but you get educated along the way and educate yourself about the nuances of litigation and its practice. Similarly, you need to have life experiences to effectively negotiate and mediate. The purpose of any course is to have the empirical knowledge and discuss established principles, which is to be borne in mind when eventually resolving disputes. While I believe that by undergoing certification courses [an uncountable number done myself!] definitely aids you, it very important to have a sense of direction in what ones to do, else the certifications shall be only used to cover office walls. Think deep, in our profession, life experiences take the first preference. Then the education. ADR Institutions are having internationally acclaimed Trainers and Professors, hence, you will get first-hand experience in international disputes and scenarios. So yes, it will definitely help in some way.
Lastly, what would be your advice for the fresh law graduates who are looking forward to opt for ADR?
Put in the long hours. Dedicate yourself to a routine. Read the laws. Go to the roots of the laws on ADR and get enrolled with ADR Institutions and Advocates practicing ADR to have first-hand knowledge and being conceived with the nuances of practice and procedure. But be advised, ADR will outgrow and creep into all litigation domains, so it is very important and wise to practice all domains of law, keeping ADR as its base. Lastly, you break the walls down and you keep creating standards!
Sir, in order to start our conversation, kindly let us know about your decision to pursue law as a career.
Even though you have asked me about my “decision” about choosing law as a career, however, it is my firm belief that there is nothing which we decide to do but destiny plays an important role in what we do! Coming back to your question I may say that ;
I decided to pursue law while I was in my first year of graduation in the year 1991. I did my graduation from the Govt Arts and commerce College Indore. My father initially wanted me to become an engineer but I was fond of reading and writing . Maths and physics were not my cup of tea. Sociology, Political Science and History were my forte . Studying about society and political system enhanced my skills in analysing various aspects of human behaviour. In depth study of the subjects helped me in clearing the entrance examination of law course of Delhi university in 1994 . I completed my law course in 1997 and thereafter joined the chamber of Mr LR Gupta, senior Advocate who was a distinguished civil lawyer . That’s the initial journey of my life which started in 1974 , followed by my admission in Bal Bharti Public school.
Being a senior Advocate, how would you explain the changes which have taken place in our judicial system over the time and if any, kindly express your views upon the same.
Our judicial system is indeed a dynamic one . When I started my career in 1998 a system was placed for the new entrants to complete a six months training programme , for those who wanted to appear for judicial services they were required to undergo a couple of years of training under an advocate. Gradually these programmes were changed. Many people would have different opinions on the practices and the systems which were in place but my personal opinion is that training under the lawyers was a good initiative. It is indeed very necessary to understand and to become acquainted with the working process before one starts his or her career as an advocate or a judge . Judicial academies have been set up in the country and the training which is imparted now is one of the best . Young judges meet many legal experts and jurists as a part of their training. I have traveled and have appeared before many courts in India . Undoubtedly the courts and Tribunals in Delhi have an edge in comparison to other courts in different states of India but we all have noticed that due to infuse of technology justice dispensation is becoming quick and easy. I am sure in next couple of years we shall all see many a new innovations being introduced with an objective to ease the grant of justice to those who approach courts for redressal of their problems and grievances.
Sir we would like to know about that one case you can never forget.
It’s indeed very difficult to answer which case is difficult to forget . Every case brings a lot of challenges and to bring relief to the client is a most challenging assignment for any lawyer . I have appeared for clients while representing their cause in different areas of law. Yet I remember that I was able to secure an acquittal of an engineer somewhere in the year 2014 who was convicted of murder by the sessions court by misreading of the factual aspects and erroneous application of legal provisions and the evidence. The young man had to undergo rigorous imprisonment for a period of seven years even though charges could hardly be proved against him . False evidence was created and witnesses were planted against him . That is certainly a case I remember .
Kindly throw some light upon your initial days as a young lawyers and the challenges faced by you.
Initial years were full of learning and hard work. My father late Shri Inder Kumar Sharma played a huge role in my success . He was a learned man who excelled in the field of administration but he always remained humble and treated everyone with affection and kindness. This character is extremely essential for anyone to become a successful person. I have always tried to follow the traits of my father. I was extremely lucky during my early years of practice to have worked with some fine senior lawyers . I learnt a lot from them for which I shall ever be greatfull . I fondly remember my senior Mr LR Gupta who was extremely kind to me and always blessed me .
Please tell our viewers about your daily routine which helps you maintain the work life balance.
My routine includes a brisk walk / cycling for around an hour . Fit mind is very essential for any professional. One must spend time with nature. I also make it a point to have a sound sleep for atleast 6 hours a day. Rest of the time must be spent in preparing cases , reading newspaper and to keep yourself updated. I read and note in my register important cases and I am maintaining this habit of writing since the year 2000.
Sir, while looking at your profile we read your article named “Unfounded prejudices shouldn’t be allowed to damage independence and esteem of the judiciary”, please tell our audience about the same.
The article was written by me not to defend someone or to accuse someone . The same reflected my point of view which is clear from the reading of the article itself . I can’t add anything to it except to say that normal human conduct and human nature gives a clear indication of many a facets of life and turn of events .
Lastly, any advice you would give to the professionals in the legal field?
The youngsters are smart and intelligent. They think better than us and have many new ways to approach towards a problem for an effective solution. The legal profession is such that it keeps one mind active. I will just like to add that any young lawyer who wants to join the litigation must remember few things to start with . Work with a good lawyer for at least 2-3 years . This period is sufficient to understand the procedures of courts. Develop good habit of listening. It adds to your advantage and many a times a good listener will be in a better position to answer the questions which may be posed by the judges. Respect your seniors and learn from your colleagues who appear for the opposite side . Never loose heart if you loose a case . No one can win hundred percent and therefore no one can loose constantly. Develop the habit of reading . Read files carefully. Read at least one or two reported judgments daily and try to keep a note of those . Never run after money . Since we all are lucky to be in an intelligent profession with time finances are never a concern . Behave properly and dress up smartly. The judges takes a note of appearance also. One should always be smartly dressed. While appearing in a matter with your senior colleague ask him / her questions which may come to your mind well before the hearing . This will make your senior glad as well and it goes without saying you will win a case for the client.
Sir, could you please tell us the reason behind choosing Law as a career?
Back in 2008, when I completed my matrix and got a merit, there was a presumption that every meritorious student should fight for IIT-JEE exams so at that point of time, without thinking anything, I started preparing for the same. Later, I realised that Physics, Chemistry and Maths were unfulfilling and the subjects did not align with my interests and then I realised that I am going somewhere in the wrong direction. Certainly, I have always had a passion for public speaking and debating; I have worked as a radio jockey and also acted in some serials, which gave me the push to pursue law as a career. Also, there was a thought somewhere in my mind that what I can do in my life which can be useful for some other person or society. Subsequently, I decided that being a lawyer this can be done and that was the turning moment for me to decide the Career in Law. Additionally my father has been the biggest factor behind my decision to pursue a career in law. He is a law graduate himself, but he never practiced as a lawyer due to certain reasons so I decided to take his vision forward. His guidance and support have been invaluable in my development, both personally and professionally. In addition to this, law provides a flexible and versatile career path with many opportunities. Finally, I believe that law is a noble profession that can help to bring a positive change to society.
Why did you Choose to Practise and not join any Firm, especially when you got the PPO?
Being a Graduate from NLU- Delhi, I was sure that I will get a decent placement but the Corporate Job never allured me, even though I have done internships in good law firms but those job roles never attracted me. Apart from that, I always wanted to come back to my home town Jodhpur and build something from here by staying close to my family. I do agree that joining a law firm would have been easier then starting my own practice but I always wanted to start something of my own. So, when I decided to start my own practice, I knew it will come with advantages and disadvantages. If I think about the disadvantages then I wouldn’t have been able to make it, I knew it’s either make it or break it. Anywhere you go you have to create your place, your identity, you have to give it time and then see the magic happen.
How was your Law School Journey like?
I was fortunate to have such an incredible learning experience in one of the best legal institutions like NLU- Delhi. During my time there, I was exposed to some of the best professors, resources, and experiences that helped to shape me both professionally and personally. A tier-1 city like Delhi has always given me location advantages due to which I was able to write certain books and acquired a deeper understanding of the law and get a better grasp of the legal system. Along with the academic excellence, I was able to build strong friendships and lasting memories that I will cherish forever.
Being a first-generation lawyer, how difficult was it for you to start your own practice?
Embarking on a career in law is not a simple undertaking, be it for a novice legal practitioner or one with a prior legal foundation. Generally, a lawyer with legal genealogy has the advantage of their family background, where they don’t have to make new associations since they have sound direction and solid networking. I started my professional excursion with a remarkable senior, mentor Mr. Farjand Ali sir who is now an Honourable Judge in Rajasthan High Court. He gave me the directions and chances to show up, address the Courts & argue the matters. During my 2 years journey, when I was assisting him, he has given me more than 750 plus cases to argue which is a remarkable figure for any junior. I was sufficiently fortunate to get a decent senior and coach which is a critical part in the professional journey in one’s initial years and that is the thing that makes or breaks you. Once he got elevated, he advised me to become independent and since then I am practising as an Independent Advocate. I am managing the Firm Legal Shots through which our team is providng multiple Litigation and Non Litigation Services across the Country.
Share your Litigation Journey with our viewers?
My litigation journey has been a great learning journey. I am learning each day. Every other case brings out a different experience. I am doing what I love and following my passion makes me satisfied at the end of each day. I am extremely thankful to the bench of the Honourable Rajasthan High Court which has given me recognition. There is a long way to go!
We are curious to know more about Aapka Consultant.
After graduating from the National Law University, Delhi, I decided to pursue my professional career journey from my native town – Jodhpur by starting something of my own as I always had this principle in my mind that ‘ Naam aur pehchaan bhale hi choti ho, magar khud ki honi chahiye’. This idea eventually culminated in the creation of our legal start up and I approached my sister Adv. Swati Jain and we this how Aapkaconsultant came into picture. Aapka Consultant provides a comprehensive range of online one-stop business services and solutions, utilizing a network of CAs, CSs, and lawyers. This start up helped me in bagging clients from all across the nation even after staying in a Tier-2 city like Jodhpur. We are continuously providing hassle-free business and legal support to clients all over India through our services. We strive to work together with our clients and handle their complete legal and compliance needs, allowing their leadership teams to focus on their essential priorities.
What was your vision behind your YouTube channel i.e., Legal Shots?
Legal Shots is my lockdown brainchild. During the first lockdown of 2020, an employer from Bhilwara approached me for a legal opinion and I consulted him via whatsapp voice note and after a few days I came to know that a lot of Bhilwara people are getting relief from that. Then I set out to take my work online, explore more and contemplate undertaking something new. I was guided by my brother cum mentor Mr. Rishab Jain, who is the founder of Labour Law Advisor. With a perspective to assemble awareness and decode the laws for the general population in an easy language, in a brief and compact manner.. We began our YouTube channel Legalshots. Our vision is to promote and disseminate legal knowledge and understanding among the people. Our goal is simple – to educate both laypeople and lawyers about relevant legal and social topics, in an effort to make the complicated simple for everyone. I wanted to provide a single platform to discuss all legal issues. Three years later, we now have a family of more than 310,000 subscribers and more than 1.5 Crore Views.
Please tell us what inspired you to write your book and the number of books you have written yet.
Growing up in a Hindi Medium School, I was always aware of my lack of fluency in English. But I was determined to improve my English, so I applied myself to the task, researching and writing a book. Unfortunately, when I submitted an article to an International publishing house, I was rejected and told that students like me were spoiling the name of prestigious institutions like NLU-Delhi. This moment became a trigger in my life, and I began to work even harder on my English. Through dedication and perseverance, I was able to improve my English. I was determined not to let my lack of fluency in English be a weakness. I took advantage of every opportunity to read more, write more and hone my language proficiency. This experience only spurred me on further, and I began to research and wrote my first book on ‘Law relating to Ragging’ foreword by Late Mr. Ram Jethmalani which was published by Universal Publications. Later I wrote “Judgments that shaped the Indian Jurisprudence”, Foreword by Late Mr. Arun Jaitley which was published by one of the World’s biggest publishers ‘Thomson Reuters’, and ‘Surrogacy & the Law’ foreword by Mrs. Maneka Gandhi & Mr. Salman Khurshid and Revised version of ‘Law related to Ragging’ foreword by former Hon’ble Chief Justice Mr. S.A. Bobde and the Journey is still going on.
How do you manage Practise, Startup, Youtube Channel and Authorship journey altogether?
Establishing my own legal practice, launching a start-up, creating a YouTube channel and writing books has been an ambitious endeavour. However, through efficient teamwork and delegation, I have been able to make the process more manageable and enjoyable. I prioritize tasks and make daily to-do lists to remain organized and ensure that nothing slips through the cracks. I am also constantly learning more efficient approaches to save time and maximize efficiency. Having a routine, staying organized, and taking the necessary breaks are the key to maintain equilibrium between all the activities. Even though my days are busy, I love what I do and that is why I am able to keep everything in check. With the help of my teams in the respective departments, we are able to provide the highest quality of service to our clients and viewers.
Coming to the last question, any advice you would like to give to the young Lawyers out there?
One of the invaluable pieces of advice that I would suggest to emerging lawyers is that it is worthwhile to prioritize experience and practical exposure over earning money. In a prestigious profession such as law, patience and diligent hard work are integral components of success. The early stages may be taxing and challenging, but one should wait for the opportunities, that will inevitably come, to showcase their acquired knowledge and experience and where you can spotlight the aptitudes and experience that you have collected in all those years. Law is rewarding and complex due to continual changes.
It is essential to focus on daily learning and stay up to date with the ever-changing jurisprudence. As a legal professional, you never cease learning. It is always evolving. There will be days where you may feel you are not accomplishing anything productive, but that is perfectly acceptable. Remember that the sun continues to rise even after witnessing unfortunate events on this planet, so why not YOU? There will always be a brighter tomorrow. So do whatever your heart says and keep going!
What motivated you to choose law as a career? And how has been the journey so far for you?
My grandfather was an eminent criminal lawyer and as a kid, my favourite place in the house was his residence office. So, although my exposure to the legal field was since childhood it was not the profession I had planned to join. After 12th I was preparing for my CA entrance and one of the subjects in the entrance exam was law. That was the first time I studied law as a subject and I fell in love with it. This is when I decided to pursue a law degree and later I went on to do my Master of Laws. My journey as a lawyer has been extremely enriching and rewarding. This profession has taught me discipline and made me a better listener which is really helpful in understanding constraints and offering the best possible solution within the constraints. It has taught me to take risks and once the risk has been taken, to pull it through with sheer hard work.
What were the challenges that you faced at the beginning of yourcareer?
The challenges I faced as a new lawyer while working as an associate for a firm were the same as everyone else; getting a meagre salary, working unearthly hours, not getting enough opportunities in court etc. However, in hindsight, it was a huge learning experience. Yet the real challenges started when I went independent. Starting your own practice is like moving out of the protective environment of your parental home for the first time and being left alone on the long road of life. You have to do everything starting from getting a new client, doing clerical work, and troubleshooting of all kinds totally by yourself and still present a confident, untiring demeanor to the outside world. Overall, a fight for survival.
Whatis the most challenging case you have handled in litigation and what were yourlearnings out of it?
Matters both civil and criminal where the parties are related to each other are challenging to the extent that emotions override the brain and balancing the two is a continuous exercise. At times one party goes all out to wash the dirty linen in public while the other despite the litigation is more guarded in sharing the dirtier truth.
Among various matters, what brings you the most challenging setof situations and how do you overcome them?
Every individual case comes with its own set of challenges. But, if I have to generalize then I would say that there are different challenges associated with different fields of law. The risk of arrest/imprisonment in Criminal matters, and the overriding emotions in matrimonial matters are some of the challenges. Whatsoever the challenge may be, the only way to overcome any challenge is preparation. Preparation done in peacetime saves blood during wartime. So, the way is to take a bird’s eye view and then start work at the grass root level. Sit with your client, ask questions, and ask your client for both favourable and unfavourable evidence. Play the devil’s advocate and ask yourself the most difficult and uncomfortable questions that the opposing counsel may ask your client in court.
How do you ensure that your clients receive the best possibleoutcome?
The first and foremost thing is that I fully educate the client on the legal aspects so that we arrive at a common wavelength. A well-informed client is always better and I encourage him to challenge my point of view and ask the right questions. I always try to give the client a true and realistic picture. Once the client is aligned, we work out a strategy best suited for the case and execute the same.
Do you think the privacy protocols that were there long ago arenot there now because these recordings of judges in the courtroom have beengoing viral lately?
Important cases were making newspaper headlines even before digitalisation and virtual courts. I truly feel that privacy goes for a toss as soon as a matter goes to court. A person’s name gets undue adverse publicity as soon as one gets accused or a private matter reaches the court. The media trial begins much ahead of the judicial trial. An innocent person wrongly accused gets socially maligned all through the case even though he is ultimately acquitted of all charges. However, I also believe that the live streaming of court proceedings has made legal awareness accessible to lawyers, law students and even litigants and some short videos edited to sensationalise an otherwise educative court proceeding should not stop this wonderful endeavour of various courts.
How useful do you think the idea of Metaverse would be in thelegal industry?
Like any other technology, it will change the way people think and behave. So, it will surely change the way the legal industry functions. It is a powerful tool which has the capability of changing the day-to-day working of the legal industry. The internet changed the world, the metaverse is much more immersive and collaborative, and it will surely open a floodgate of opportunities for legal professionals from contracts to copyright laws, cyber laws, and even estate planning.
What are your thoughts on the data protection bill, 2022 thatarrived a few weeks ago?
I feel that data privacy breach is one of the biggest concerns rather a threat that the world is currently facing and with our increased dependence on technology it is just the beginning. Therefore, I feel that the bill is definitely needed to curb the blatant misuse of the power the technology companies have over their users. Yet, I do have reservations about the exemptions given to the government and state agencies concerning the same.
You have been very vocal about Hindu Succession Act,1956 being patriarchal, why do you think so?
Succession as a concept is extremely patriarchal. In India, Succession takes place according to the personal laws by which the person is governed. One such legislation that governs the majority of the population in India is the Hindu Succession Act,1956. While the Hindu Succession Act was enacted to make the law of succession more equal and while all of us celebrated when daughters finally got equal rights in the coparcenary property of a Hindu Undivided Family but there are still many changes that the law requires. There is a positive change in the way a woman gets her inheritance but no change in the way the woman gives her inheritance. With the evolution of society and women being earning members creating their own Estate, the inheritance law needs to evolve and not discriminate between the heirs of a man and a woman. Although equal rights of inheritance to daughters is surely a step towards equality, true equality in law and society can and will only be achieved when parents of women are also treated equally to the parents of a man.
What are the hurdles you have faced being a woman in the legal profession and what changes do you think have taken place in favour of women lawyers over the years? Also what message would you like to give to all the women who are struggling in their initial years as lawyers?
The biggest hurdle that all women who want to become advocates face is the mental block that “Litigation is not for women”. I don’t know how many times I have heard this statement despite coming from a family of lawyers. Infrastructural shortfalls like lack of proper washrooms, etc., and not having enough women court staff are small but crucial hurdles that women face every day in Litigation. These problems become more prominent in courts outside Delhi. Also, a common mindset where there is a distinction between advocate and lady advocate or woman advocate. Although the term advocate is a gender-neutral term but somehow the term used for women is lady advocate and this is not just a spoken difference but the way your work is received. It takes a lot of victories to establish yourself.
One pleasant change nowadays is that there are so many intelligent and hardworking women joining litigation and I am hopeful that the new generation of lawyers will have more women role models as seniors and designated senior advocates and hopefully advocate will become a gender-neutral term not just on paper but in reality.
The only message I have for young lawyers in their initial years is do your job extremely well and close your ears to nay-sayers who say that you cannot make it in litigation for any reason one of which is if you are a woman.
A lawyer sometimes is expected to do work apart from legalfunctions as well, what are your views on the same?
Running a legal practice is like running a business where we have to do our marketing, networking, and administrative work apart from the core legal domain. Also, there are times when the client’s expectations are beyond the legal domain. Therefore, in every assignment, both parties have different expectations and managing the expectations and being on the same page is critical. The mandate needs to be clear, unambiguous, written and signed by both parties. If any assignment over and above the mandate needs to be performed the same should be treated as a separate assignment and should be agreed to by the lawyer only if it is within the legal domain.
According to you, what networking strategies should be adoptedby the first-generation lawyers specifically in corporate?
Networking is essential for every lawyer irrespective of whether they are corporate lawyers or litigation lawyers.
Lawyers not being allowed to advertise their work or solicit clients, referral is the only way to get work. Thus, reach out to as many people as possible so that your existence is known. Networking is a continuous process with no boundaries and is constantly evolving. I think in today’s time
LinkedIn is a great platform where you can network with anyone across the globe. I have got clients through LinkedIn and also hired local counsels for outstation matters through this wonderful medium.
Other than LinkedIn, conventional tools include conferences,events, bar rooms, and social gatherings.
Lastly, any 3 best pieces of advice for our young lawyers?
Firstly, Always read the bare act before reading any opinion on a pieceof legislation.
Secondly, never go to court unprepared. Even if you have to take an adjournment you should know the file inside out.
And lastly, always adhere to the profession’s decorum, you never know who all are observing you. The best of opportunities very often come unannounced.
Any additional message that you would like to give to all the women who are struggling in their initial years as lawyers?
The only advice apart from the advice above that I have for women in litigation is just don’t listen to people who say litigation is not for women and prove them wrong one victory at a time.
What inspired you to pursue a career in corporate law?
It was the money. On a more serious note, I was quite lost as a law student on my preferred career stream. My best learnings (and finally my decision) was based on my internship experiences. I liked participating in moot court competitions and learnt a lot during my supreme court internship – but I enjoyed my corporate law internships a lot more. To me, the nature of work (in corporate law) was very interesting and I ultimately decided to pursue the path I enjoyed more.
Can you tell us about your specialized practice area of Public M&A?
Public M&A is a practice area focused on listed company transactions. I typically advise financial sponsors and strategic investors in navigating through a complex web of Indian securities laws (such as the insider trading regulations, takeover regulations, etc) which are triggered while dealing in shares of listed companies.
Public M&A requires expert knowledge and experience about the interplay between various stages of the deal – for instance, a control deal of a listed company generally triggers a mandatory tender offer, requiring the contracting parties to upfront factor various possible outcomes on account of unpredictable public tendering. While most deals are friendly / negotiated, the listed space occasionally witnesses hostile takeover bids and this has been a source of great offensive and defensive learning in acquisition strategy.
What have been some of your most interesting matters thus far, if you can just share a glimpse of them?
I have been fortunate to advice on various interesting Public M&A matters, including financial and strategic investments, and hostile takeovers of listed companies. While each Public M&A deal is unique and carries its own set of challenges, some of the matters on which I learnt a lot include: (i) Reliance Group’s acquisition of controlling interest in Justdial, (ii) Sale of Majesco (a NASDAQ listed subsidiary) of Majesco Limited (an Indian listed company), followed by distribution of sale proceeds through dividend and buyback by the listed company, (iii) acquisition of controlling interest in Tide Water Oil Limited (a government owned company), (iv) the attempted delisting and voluntary open offer of Vedanta Limited, (v) an unsuccessful bid for the acquisition of controlling interest in Ambuja Cement / ACC, and (vi) litigation on shareholder rights in Zee Entertainment.
What challenges have you faced in this field so far and to what extent you acknowledge the role of mentors?
I have been extremely fortunate to receive mentorship and guidance from some wonderful people. In particular, I have looked up to and learnt immensely while working with Late Mr. S. H. Bhojani, Mr. Cyril Shroff, Mr. Nihar Mody, Mr. Haigreve Khaitan, Mr. Sudhir Bassi, Mr. Arindam Ghosh and Mr. Aakash Choubey. Each one of them has been an incredible mentor and teacher. True masters of their craft, they have all inspired me in more ways than one, and I have sought (and received) their valuable guidance on various aspects of life.
How has the legal landscape in this field changed over the years?
I believe the legal industry is rapidly moving towards specialisation. Clients look for efficient delivery of service at reasonable costs – the HQHF (High Quality Honest Fee) model – this is best achieved by utilizing expert or specialised resources to deliver optimal output. For instance, a focused Public M&A team, having already navigated various nuances and complications of listed company deals, is far better equipped to structure, execute and complete a transaction in a time (and therefore cost) efficient manner. A legal advisor’s role has substantially evolved over time – a legal advisor can no longer choose to be myopic about the specific legal issue she / he is advising on. Instead, it is generally expected that legal advisors look out for the overall commercial (and not just legal) interest of their clients. This is the role of a ‘trusted advisor’, who thinks above and beyond her / his call of duty, all to protect the interests of her / his client.
What strategies do you use to ensure successful negotiations?
An M&A lawyer broadly requires three essential skills – let us coin it the LDC matrix. The first, knowing the law (that is a no brainer and probably the easiest one to master). The second, understanding the deal – this is a bit more complex – to effectively guide a client, the lawyer must assess not only whether the intended transaction is legally viable but also guide his client on whether the deal conforms to the client’s values and long and short-term commercial vision. The third, create a spirit of collaboration – M&A negotiation by its nature can be adversarial – but it is important to remember that it is the beginning of a new relationship. The most successful deals are where both parties walk away winners.
I have forged strong professional and personal relationships with the counter party and its counsel during negotiations – and that bond has only helped smoothen out future deals we have done together.
How do you stay abreast of the latest developments in the industry?
There is no short cut to keeping up with the latest developments – the only option is to put in the hours and read. One approach which I try to adopt is writing articles about new and interesting developments in the Public M&A space. This ensures that I read and learn about the topic, and at the same time I am able to share my knowledge with others. Needless to say, I am indebted to my co-authors for the articles (typically, they put in a lot more work than I do). Another approach we follow (as a Public M&A team) is to regularly brainstorm on new developments and trends in this space – it helps spread the knowledge / experience of one to the entire team – and we are all the smarter for it.
What advice would you give to someone just starting out in this field?
Be curious and work hard. Ask lots of questions. Looking back to my internship days, I used to ask way too many questions (partly because I was curious and party because I wasn’t smart enough to figure a lot of things by myself). And trust me, it is appreciated that you are interested and are willing to learn. Do not be afraid to make mistakes, it is a part of your development. We make mistakes even today. Simply put, the more mistakes you make, the more you learn.
What do you find most rewarding about your work?
I really enjoy my work and admire the people I work with. I believe those are the two most important elements of a rewarding career.
Please tell us how you create a work-life balance?
There is (unfortunately) no magic formula to work-life balance. A career in corporate law is certainly demanding – but there are ways to find balance. Some phases are tough, and others are light. Idea is to work hard when deals demand it and dial down when things are light. In general, team work plays an important part in finding balance – I sincerely believe there is nothing a well-coordinated team cannot achieve – including supporting each other and achieving work life balance.
Any parting thoughts you would like to share with our young readers?
I say this often – knowledge and experience are both privileges – when you can, always pay it forward. Use every opportunity you get to teach, educate, write about your learnings and help spread your knowledge to benefit those who might have use for it. This is bound to help create a better and smarter ecosystem and community of lawyers.
