Super Lawyer

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  • “A Legal Maestro’s Journey from Army Aspirations to Intellectual Property Mastery” – Explore the expansive landscape of legal expertise, ranging from Intellectual Property Rights to general litigation, An In-Depth Conversation with Aditya Dhar, Principal Associate at Vaish Associates

    “A Legal Maestro’s Journey from Army Aspirations to Intellectual Property Mastery” – Explore the expansive landscape of legal expertise, ranging from Intellectual Property Rights to general litigation, An In-Depth Conversation with Aditya Dhar, Principal Associate at Vaish Associates

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Can you share a bit about what inspired you to pursue a career in law and how you ended up specializing in Intellectual Property Rights?

    As an adolescent, I was actually always inclined towards joining the army as I was fascinated with the uniform and the discipline that comes with it. I had plans to go to Rashtriya Indian Military College (RIMC) for schooling but fate had other plans and that took a backseat as I grew up. As time passed, I had a young man’s realisation that I was soft spoken but always wanted to put forth my point. Being a lawyer, I felt, would give me an opportunity to channelize this desire. Being a lawyer at that time, or so I thought, meant being aggressive. I had a different view though. I thought that if I blend two extremes I would rather grow as an individual. So to answer your questions, it was my desire to grow as an individual that inspired me to pursue law. As a first generation lawyer, I did not have anyone to look up to and follow the same path. Since my first day in this profession, I was more than happy to wear different hats and try out different fields of law. Having said that I was always interested in the litigation part of the profession because, as I said, my opportunity to grow as a person would, at least in my mind, come when I was appearing before a judge and thinking on my feet. While I was exploring different fields of law, one of my seniors in my early days, from whom I have learnt a lot, had specialization in IPR and gave me opportunities to explore the field.

    Beyond the courtroom, we hear you’re quite the legal wordsmith. What inspired you to start writing legal articles, and do you have a favorite topic you’ve covered so far?

    I was told in the beginning of my profession that litigation has three basic pillars which are drafting, research and appearance before the courts. Fromday one, I had an inclinationtowards drafting part of the profession and was always interested in writing. My seniors always pushed me to write articles as they always said that articles are the best way to reach people and educate those who are not from legal background. It is also a marketing tool. You can never pick one topic, but my idea of writing articles is focusing on the basic principles of law which are easy to understand from a layman’s point of view.

    Your expertise spans a wide range, from Intellectual Property Rights to general litigation. If you had to choose one area of law that you’re most passionate about, which would it be and why?

    I may get criticized for this but it will be unfair to choose one area of law. My passion lies where the client’s need is. If a client’s need is initiating an arbitration proceeding, I would have to go with that. If the same client wants to file a criminal complaint, it is my duty to pursue that recourse as well. But before going into different domains of law, the most important thing is to gain the trust of the client by giving the client the desired results. Having said that, it impossible to cater to every need of the client and you need to broadly identify your strengths. Since you have put the “passion” question, it would be safe to say that the commercial side of the profession whether it is a commercial suit including IPR or any branch of it like arbitration or white collar crimes interests me the most.

    Being in this profession for the last 10 years and being associated with Vaish Associates since 2018, you’ve seen the legal landscape evolve. What do you find most exciting about the current legal environment, and are there any upcoming changes you’re particularly interested in?

    Needless to say that the legal profession is ever growing. The current legal environment is more commercial driven. The advent of commercial courts act and commercial courts have proved that future is more commerce driven. However, since the world of commerce has economic advantages, the courts do not want to indulge in unnecessary litigations. For this purpose, it has become mandatory before filing a commercial case to try and settle the case by filing a pre litigation mediation application which filters out such unnecessary litigations. The courts have also been reasonable in doing away with such mediation application if the court is convinced that the case in hand is urgent and that such application would hamper justice.

    Since we are talking about the commercial era, one cannot forget about arbitration. Recently, it has been held that by the Apex Court in case of NN Global Mercantile v. Indo Unique Flame that an arbitration agreement cannot be acted upon if the stamp duty on the said agreement is not paid. This has led the parties entering into an arbitration agreement to pay the appropriate stamp duty which was many a times not paid due to N number of agreements with different parties, and if the same is not paid on the existing agreement, courts have the power to impound the agreement. However, a seven judge bench of Supreme Court is reconsidering the said judgment, wherein order is reserved and the same is awaited as on date.

    It is interesting to see that how after covid, the courts are more digital friendly. Lawyers today have the option to appear before a judge sitting in the comfort of their home. Digital courts are established for taking up cheque bouncing cases. Court filings are done digitally. Trademark hearings are conducted through VC. Having said that, one may also argue that the profession has lost its charm by being digital and attending hearings through VC.

    Your educational journey, from Apeejay School to being a first generation lawyer and becoming a Principal Associate at Vaish, is quite impressive. Along the way, were there any mentors or role models who significantly influenced your career choices or approach to law?

    I feel mentors are not just people. Even situations can be mentors to you. As far as people as mentors are concerned, I would say that there are different kinds of mentors. There may be people who unknowingly help you on the way. Sometimes difficult situations are created by difficult people, but the important thing is what you can take from those situations and learn from it and treat that situation as a learning experience. In this profession, if you are a first generation lawyer, you have to be your own mentor.

    Beyond the legal realm, what’s a passion or interest you have that might surprise people? How do you incorporate this into your life, especially during busy periods in your legal career?

    People say that I am a good singer. We had a band in my school days and I was the lead singer in that. But now it is just a hobby and a way to entertain friends and family. Besides this, whenever I get time, I love being in the mountains close to the nature.

    Finally, what advice would you give to recent law graduates who are just starting their legal careers? What lessons have you learned along the way that you believe would be valuable for them as they embark on their own journeys in law?

    Be thorough with whatever task is given to you. Remember devil lies in details. Choose your strength amongst the three pillars of legal research, drafting and court crafting and play with it. Do not take for granted the other pillars. Be soft spoken no matter what people say about how a lawyer should be. Never let anyone guess what is going on in your mind. Sincerity towards your profession and towards the task in hand can take you places. Lastly, it is important to understand that in the present world, unless you can market what you create, your creation may become useless.

    Get in touch with Aditya Dhar-

  • All areas of law and equally thrilling as they are collectively required to maintain order in the society- Namit Saxena, Advocate on Record at Supreme Court of India

    All areas of law and equally thrilling as they are collectively required to maintain order in the society- Namit Saxena, Advocate on Record at Supreme Court of India

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    Sir, please tell us about the person you thought you would become when you reach your current age.

     There is no person as such whom I thought I would become at my age. Professionally speaking, there are senior advocates from whom all young lawyers derive inspiration at different times. I also derived inspiration from senior colleagues at bar.

    Please enlighten our audience about effectively preparing for AOR examination. 

     The AOR examination comprises of 4 subjective question papers of 100 marks each. To clear the exam, the aspirant needs to secure atleast 20 marks (60%) in aggregate and atleast 50 marks in individual papers. The papers are – Practice & procedure of the Supreme Court, Drafting, Leading Cases and Professional Ethics. There is a well defined syllabus including a readily available list of leading cases for that paper. The exam is going to be conducted in June 2023 now. I had prepared a short course with Eastern Book Company (EBC) on this which is available here – https://www.ebcwebstore.com/product_info.php?products_id=99097675&trk_bn=1

    We would like to know more about your experience as Law Clerk cum research assistant to Hon’ble Mr. Justice Kurian Joseph.

     It was an enriching experience with Justice Kurian Joseph. I was selected as a Law Clerk cum research assistant in 2013 and was attached with him for an year. He was my first professional mentor. There was so much to learn from him not only on law but spirituality as well. We worked on important matters particularly the coal block allocation scam case. I wrote an article on his superannuation which can be read here – https://www.livelaw.in/passionate-and-compassionate-justice-kurian-joseph/.

    Having a good experience in the area of research, please give our audience few tips in order to conduct effective research. 

    Always look for the primary source. For example, if you are researching on a particular point of law and in your commentary or journal you find a reference of a particular judgment, locate that judgment and read it. Then follow up with judgments which have followed it or distinguished it and update yourself with the latest law on the subject.

    Please enlighten us about the area of practice you like the most.

    All areas of law and equally thrilling as they are collectively required to maintain order in the society. I practice more on the criminal side.

    Lastly, could you please give a piece of advice to the legal professionals who are in the initial years of their legal journey?

     I can only advise on colleagues who are starting their respective journeys in the field of litigation. Focus on observing senior members of the bar and try to learn how do they present a case. Learn filing work from the clerk in the chamber you are associated with. Keep a diary with you and keep making short notes and keep visiting them once in a while. Keep yourself engaged with a sport. Initial few years are taxing, treat your mentor’s matters as your own and always compete with yourself. Don’t compare yourself with anyone.

    Get in touch with Namit Saxena-

  • Raghujeet Singh Madan- A Managing Partner at Lex Commerci, specializes in Litigation and ADR, seamlessly resolving complex legal issues

    Raghujeet Singh Madan- A Managing Partner at Lex Commerci, specializes in Litigation and ADR, seamlessly resolving complex legal issues

    This interview has been published by Tanmaya Sharma. The Interview was taken by The SuperLawyer Team.

    “Man with a silver spoon in his mouth” is what they say to a law student having a family with a law background. How hard was it for you to climb the ladder of success you achieved to your name?

    Not just the legal profession, in various professions, next-generation taking up the profession similar to their parents does get the benefit of the best education and are the beneficiaries of the family contacts and networks. Your parents’ experience and knowledge are great resources to learn from in your career. Having a family with a law background does provide you with a foundation. However, you alone have to build a robust structure upon the same with your knowledge, skills, and accomplishments.

    The common perception about the term “silver spoon kids” usually is, that they lead an easy and cushy life, are well provided, which ensures that they lead a life of entitlement and privileges. This perception is not correct. There is a huge pressure instilled, where you are constantly compared to the members of the family. 

    There is a beautiful quote I read somewhere which says – “Focus on doing, creating, and participating in your career in ways that tell the world you have credentials that are yours and not just an extension of your parents.” I truly believe in this. In my view, second or third-generation lawyers have immense pressure, and constant gaze, which leads them to be more deserving of respect, as there are fighting battles that the others may not be even aware of.

    I also faced challenges as a young lawyer. I have worked very hard to maintain and expand my client base, set up a law firm, to retain an effective workforce. There are issues to be dealt with on an everyday basis. However, this is a part and parcel of the satisfaction you yield from this profession. These challenges, in fact, now interest me, motivate me and I enjoy dealing with them. Therefore, even if you have a law background, your hard work, life skills, and virtues are what decide your growth. 

    Let’s start from the beginning – What prompted you to choose law? Was choosing law came naturally or it felt easy to adapt?

    Family undeniably influences the level and kind of education or training that their children achieve; the knowledge they have about work; the beliefs and attitudes they have to work, and the motivation they have to succeed. Most of this is learned unconsciously. Dinner table conversations did shape my belief about the meaning that my parents derive from the work they do. Fairly speaking, the decision to pursue law came naturally to me because of my family background but it never felt easy to adapt simply because of my background. I remember the first case I ever argued, my notes for the matter started from ‘my lord’ and ended at ‘obliged your lordship’. I wrote it down like a script, the pressure was real.  You learn new skills, concepts, and ideas every single day. Remember your career is a marathon, not a sprint. In an attempt to achieve too much too early, you should not lose your flexibility to adapt to situations and ability to embrace the lessons learned.   

    It has almost been two decades since you have started your independent practice. What do you think is the difference between the law profession right now and the profession a decade back? And, what all changes would you like to see in our Indian Law Profession?

    There is a lot of change in the legal profession over time. The use of technological advances has brought a paradigm shift. We have witnessed a movement towards unlimited use of legal research platforms. Technology has offered many practical solutions to automate work. A keyword search can sort documents in 1/10th of the time it took us physically a decade back.  The immense use of technology has also brought new or wider areas of practice such as cyber laws, intellectual property laws, etc. A well-working system of virtual courts that we all experienced during the COVID-19 crisis is another revolution in our profession. This also brings to us immense time saving and creates a potential to execute more work much efficiently. All this has brought an advantage to the young lawyers who are a step ahead in using the technology. Sadly, this is not realized by any of us. As against an age-old perception where the confidence of the client only rested with a senior and experienced lawyer, I see various clients who are satisfied and are more drawn to these young meritorious lawyers.

    Technology and globalization have also brought a radical change in the expectations of the client who expects not only legal delivery but a combination of legal, technological, and process expertise. Nowadays, most of our work is done online. It has its benefits. It allows us to work across borders, travel, and have an office on wheels, etc. Legal delivery is not just about lawyers anymore, it is about delivering legal services with strategies, innovation, collaboration, transparency, responsiveness, and accessibility. This is the reason that the law firms have gained popularity over the solo practitioners with the passage of time. Law firms these days provide a one-stop solution where you may find not only lawyers but also MBA’s and Technical Experts who offer a wholesome legal delivery to the clients. 

    There are still many unexplored areas of technology that can upgrade our judicial system further. Change is inevitable. In our profession, the pace of change has been accelerated by the economic downturn and a surge in new technologies. These changes are significant and permanent. The need of the hour is that we maintain a growth mindset and exhibit a willingness to experiment. Lawyers, who adapt and are proactive, using a growth mindset, can turn changing market drivers into opportunities.

    Raghujeet Singh Madan

    Have you encountered any young rebellious mind yet who positively challenges your litigation tricks?

    Yes, a lot of times, I have come across young professionals who are way vocal and expressive about what seems wrong, unacceptable, or unreasonable to them. It is good to be expressive and opinionated. However, young lawyers need to understand the balance between expression and disrespect. In our profession, there are no written rules which tell you how to conduct yourself in the courts. However, there are plenty of unwritten rules which can be understood well only by observing experienced professionals. A lawyer’s patience, presence of mind, and ability to maintain his/her cool is what makes the transition for the lawyer. 

    I remember an associate who told me that there should be fixed hours of working in a day which should not be more than 8 hours a day and 5 days a week. He termed anything more than this as ‘inhumane’. I expressed my agreement to his proposal but I told him that such agreement will be subject to you leaving aside expectations you had from working with me.  This profession requires a person to be switched “on” all the time. One mistake of yours may result in a client’s loss. Young lawyers need to manage their day properly but the one thing that young lawyers have to keep in their mind is that they have to work very, very hard. The initial years for young lawyers are the hardest but over time they get used to it and get better with time.
    Law is not an abstract practice. Irrelevant of how well someone does academically, at the end of the day lawyers work with people, on behalf of people, and the decisions that are made affect people’s lives. Life skills and people virtues are, therefore, indispensable for becoming a good lawyer. No law schools teach you that. It is the experienced professionals and real-time practice that can make a young lawyer learn all this. Young lawyers have the potential to generate new ideas, but they need to be directed properly by someone who has a lot of experience in the legal world.

    You have a team that often burns the candles at both ends, how do you find the perfect balance in being their boss and friend at the same time?

    “No matter how brilliant your mind or strategy, if you are playing a solo game, you will always lose out to a team.” This is a very powerful saying. A good team is built by individuals that passionately embrace the vision, believe their contribution is meaningful, and are motivated to give their best effort. I value and admire my team and we trust, respect, and support each other. Making out a time to regularly recognize, reward, and celebrate the team is as much a priority as work for me. I ensure that we sit together weekly for review meetings, be there for as many birthday celebrations as possible, and to give individual time to everyone.  It is up to you to find the balance between being friendly with your employees and being a leader to them. For me, it works to spend some good time with them without any ‘work discussion’, to listen and understand their problems, to help them, and to joke around with them.  

    You have two decades of strong and comprehensive legal experience in almost all sectors, which area, according to you, interests you the most and why?

    All the fields of Law have their charm.  There are a growing number of legal specialities and subspecialties that cater to almost every legal interest. My predominant area of practice is Infrastructure commercial disputes including resolution of such disputes through Arbitration. I won’t be able to say if I chose it deliberately or I got into it by default. Nevertheless, I thoroughly enjoy practicing it. The foremost reason for the same is that you learn not just law but also various business processes dealing with such disputes. For instance, while handling disputes about the building of national highways, you learn various engineering concepts and terminology and understand how large-scale highways are built and what impact it brings to the development of our economy. This is what I call a fulfilling experience of working which makes you wiser in a manner that no school or coaching class can do. 

    Raghujeet Singh Madan

    You are alumni of the Dickinson Law School, Pennsylvania State University, U.S.A. What core life-long values were inculcated in you during that period? And, what difference did you find in the Pedagogy in Indian Schools and abroad?

    I am grateful for my experience at Dickinson Law School, Pennsylvania State University, the  U.S.A not because it made me a better lawyer but because it exposed me to different types of people that helped me develop people skills.  It was the ultimate test in self-reliance, made me more organized, independent, and appreciative of every small thing I have. In so far as education abroad is concerned, you get a chance to become immersed in a different environment which enables you to see and do things you wouldn’t expect, and meet people who have grown up in a different culture. American law school experience is all about analysis and less about memorizing rules and statutes. The system focuses that the lawyers become problem-solvers through analysis of cases and defending with the correct reasoning. It cares less about the section numbers, the statute, or even the case name. However, it is not to say that the American approach works better than the Indian. Both pedagogy systems have produced excellent lawyers.   

    It would not be wrong to say that you are well-established in the legal profession. Do you want to share your success mantra with our readers?

    My foremost advice, which also concerns me a lot, is that young lawyers should make it a habit at a very early age to care for their health. To be a good lawyer, one has to be a healthy lawyer. Sadly, our profession is falling short when it comes to well-being. Exercise every day by cutting down the time you spent watching movies or web series, treat food as fuel, and meditate. This will not only improve physical health but also will make you strong to deal with the pressures and stress that our profession brings along. 

    Lawyers must be personable, persuasive, and able to read others. Learn people skills, be attentive, and be a good observer. Read a lot. It is an exercise for our mind and a healthy mind has a major role in leading you towards success. Also, a very important virtue of a successful lawyer is to inculcate Perseverance.  Perseverance is not a long race; it is many short races one after the other. Be consistent in your efforts. Failure will come and make you stronger if you remain consistent in overcoming them. 

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