Super Lawyer

Tag: advocate on record

  • While I fully acknowledge my responsibilities as an advocate and my duty as an officer of the court, I work with an outlook that the client has engaged my services to secure the victory, not merely to secure my best efforts- Vishal Gehrana, Advocate on Record, Supreme Court of India

    While I fully acknowledge my responsibilities as an advocate and my duty as an officer of the court, I work with an outlook that the client has engaged my services to secure the victory, not merely to secure my best efforts- Vishal Gehrana, Advocate on Record, Supreme Court of India

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

    Sir, can you tell us about your journey and how you ended up becoming a lawyer and Advocate-on-Record before the Supreme Court of India?

    My journey in the legal profession started in my small hometown, Shikohabad, Uttar Pradesh. Despite hailing from the legal background, I initially found myself more drawn to the field of biology. The complexities of biology truly piqued my interest during those early days. However, fate had a different path for me, and in 2002, following my father’s steps, I decided to pursue my career in law. Little did I know that this decision would completely change my perspective and ignite a sincere passion for legal practice. I excelled as a student in my law school, and I was fortunate to have the valuable opportunity to extensively attend the civil and revenue courts and to also engage in case preparation right from my very first year in law college. I still have vivid memories of sitting in courtrooms, attentively hearing the lawyers’ arguments in unrelated cases, and diligently noting down the references of each judgment and provision cited during the hearing in my notebook. This enabled me to read most of the relevant judgments and provisions that may be used in a dayto-day practice and also gave me insights into the diverse categories of disputes. Also, my father encouraged me to regularly read the monthly law reports. He advised me to maintain a diary and write down the details of relevant judgments of each month. This not only helped me develop a good understanding of law but also improved my analytical skills as a student. Later, after relocating to Delhi, I decided to become the Advocate-on-Record before the Supreme Court of India and fortunately, I cleared it despite the challenges that came along with way. My journey has been enriching, and I am grateful for every twist and turn that led me to where I am today.

    You started your career as an independent legal practitioner at the original side. How did this experience shape your approach to resolving civil-commercial disputes? 

    I joined my father’s practice upon completing my graduation and worked on civil cases ranging from personal and family disputes to those involving the government departments and also public sector undertakings. At the same time, I also started handling and arguing my own cases at the revenue side. These early experiences honed my legal skills. I still cherish a wise advice my father gave me during my first year in law school. He told me to first seek the answers in the Bare Act, Commentaries, and the Law Reports before approaching him for any guidance. This advice gave me a strong sense of self-reliance. Undoubtedly, practical experience plays a vital role in shaping one’s journey as a lawyer. Being a good lawyer entails not just knowing the concepts but also the practical aspects of litigation! My experience as an independent legal practitioner has significantly shaped my approach in handling civil-commercial disputes. I approach every case with empathy for my client and a deep dive into the intricacies involved. My passion for law, however, remains the driving force behind my career as a lawyer. While I fully acknowledge my responsibilities as an advocate and my duty as an officer of the court, I work with an outlook that the client has engaged my services to secure the victory, not merely to secure my best efforts.

    Over the years, you have developed expertise in handling high-profile matters before various forums nationwide. Could you share some key insights or experiences from your practice that have had a significant impact on your legal career?

    Having accumulated valuable experience in civil and revenue cases, I consider myself fortunate to have had the opportunity to work on and handle noteworthy cases that not only tested my skills but also contributed significantly to the enhancement of my legal expertise. Upon relocating to Delhi, the first case assigned to me was a high-profile multi-pleading international arbitration, seated in London, wherein the dispute between the parties was related to the oil and gas fields in the western cost of India. In the course of this arbitration, I had the privilege of working with some of the most distinguished legal counsel from both India and Britain, who imparted to me invaluable lessons and knowledge. In addition to that, I also worked on international arbitrations related to the transfer of technology in the defence sector. This experience provided me with invaluable firsthand insights into arbitration procedures in different jurisdictions, level of preparation required, and the working of the foreign lawyers/law firms. After joining Karanjawala & Co., I worked on several high-profile cases, and I am deeply appreciative of the firm for placing trust in me. I would love to share about two of these notable cases. First case, that has a special place in my heart, is the Centrotrade Minerals case. I did the matter during the last two crucial rounds before three-judge benches of the Supreme Court of India. This led to the two landmark judgments of the apex court wherein the apex court legalised the concept of two-tier arbitration in India and the gave a green flag to the enforcement of arbitral award passed therein. It was an experience I will always cherish. The entire team, including the senior advocate, dedicated themselves to the case, and thanks to the collective hard work, we were able to achieve a positive outcome in this matter. The other case is Essar Steel Insolvency, which has been one of the largest cases under the Insolvency and Bankruptcy Code 2016 (IBC) regime. I have had the privilege of being part of the core legal team at all levels and working closely on this case. It all started in 2017 from a small room in NCLT, Ahmedabad and ended with the approval of the resolution plan on November 15, 2019, in the magnificent Court No. 5 of the Supreme Court of India. These two years were quite intensive and exhausting, with numerous hearings and multiple rounds at NCLT, Ahmedabad, NCLAT, and the Supreme Court. In this case, we found ourselves navigating through the intricacies of a statute that was in its nascent stage. Back then, we did not have a privilege of case laws or commentaries to lean on for guidance. This added an extra layer of complexity to our preparations. So, our team used to engage in rigorous discussions, which often escalated into spirited debates on the various possible interpretations of the relevant provisions. It was an intellectual tussle that we willingly accepted. These debates were crucial to ensure that we put our best foot forward. The entire team put in an incredible amount of effort, and their collective dedication and hard work paved the way for the positive results we achieved in these matters. Throughout this process, our senior advocates also played a vital role by guiding us in making the well-informed decisions. This case holds special importance in my heart as the two landmark judgments played a decisive role in shaping insolvency laws in India.

    You have an impressive track record in handling Corporate Insolvency Resolution Processes under the IBC. What drew you to this area of law, and how do you navigate the complexities of such cases?

    Indeed, my voyage into the world of the IBC has been nothing short of fascinating. What particularly impresses me about it is how a financially distressed corporate debtor revives under the IBC, much like a phoenix that rises from the ashes. Also, the necessity to properly balance the interests of all stakeholders distinguishes these cases from other forms of disputes. I must that the sense of satisfaction that comes from navigating thought it, as a lawyer, is truly fulfilling. My approach to handling these intricate cases revolves around thorough no-nonsense preparation, which means having an in-depth knowledge of the applicable laws and the facts of the case. It is also important to stay informed on the insolvency law developments and to understand the industry-specific dynamics at work.

    Your experience in international and domestic arbitration is extensive. Can you share some of the unique challenges and rewards of representing clients in diverse sectors during arbitration proceedings?

    Handling arbitration, whether on an international or domestic level, has been a journey filled with both unique challenges and incredibly rewarding experiences. Each case presents its own unique set of complexities, technical nuances, and industry-specific requirements, and I have had the privilege of representing clients in a variety of sectors, both in India and overseas. Effectively navigating these difficulties requires an in-depth knowledge of the specific subject. It is undoubtedly difficult, but the joy that comes from consistently growing your legal knowledge is very fulfilling. One of the main challenges in arbitration is the rigorous preparation it demands. Every facet of the case, from building your case to producing evidence or conscripting your arguments, requires thorough research and meticulous preparation. However, the satisfaction of presenting a well-prepared case and achieving favourable outcome for the clients makes all the effort worthwhile.

    As an accomplished lawyer, you have represented clients in various sectors, ranging from Real Estate and Healthcare to Information Technology and Pharma. How do you approach advising clients on legal matters in such diverse industries?

    When it comes to advising clients in diverse industries, I approach it with a practical and clientcentric perspective. I believe that understanding the client’s commercial interests is fundamental. My professor used to remind us that law is a multidisciplinary subject, and you cannot truly become a legal expert unless you are ready to delve into the subjects where you have to apply your legal knowledge. What I mean to say is that while practicing law, lawyers come across various disputes relating to industries, ranging from technology to healthcare to real estate to defence, and so on. To give clients the best legal advice, it is essential for us to have the basic understanding of these industries and the difficulties they encounter. These days clients expect more than just a legal counsel, they want trustworthy lawyers who can guide them through the practical implications of the law on their businesses. It is not just about giving textbook advise, but also about understanding how the law is developing and impacting the industries in which the clients operate. This approach allows me to give practical and strategic legal advice to the clients, ensuring that their wants are met with tailored solutions.

    You’ve been associated with well-known litigation firms like Karanjawala & Co. Can you talk about the significance of being part of such esteemed professional associations in your legal career?

    My association with Karanjawala & Co. has been a transformative experience for me. The firm handles a wide range of cases, from high-stakes and complex commercial cases to straightforward family matters. It is certainly one of the best litigation firms in the country, and the opportunities it provides cannot be equated with anything else. Every case I handled or worked-on during my association with the firm, gave me an opportunity for my professional and personal growth. I want to express my sincere gratitude to my seniors/colleagues, both within and outside the firm, who immensely contributed to my growth as a lawyer. Throughout this journey, their support has been crucial.

    Looking back at your educational journey, how did your LL.M. in Corporate Law & Governance from NALSAR University of Law contribute to your career growth as a lawyer?

    After some years of practice, I decided to pursue post-graduation at NALSAR University of Law, Hyderabad. It was a crucial turning point in my academic career. The university provided a two-year masters’ program in Corporate Law and Governance. These two years not only gave me with invaluable insights, but also provided me with an alternative perspective that benefited my career as a lawyer. The unique mix of students and the presence of prominent faculty members from all around the globe made my experience at NALSAR very special. Apart from the academics, I understood the immense power of networking and the importance of building connections within the legal community.

    Having accomplished so much in your legal career, what advice would you give to fresh graduates who are aspiring to succeed in the field of law? What qualities and skills should they focus on developing to excel in the legal profession? 

    When I reflect on my legal career, I realize that it is only the beginning. Having said that, and given my limited experience, my first and foremost advice to fresh law graduates is to work with sincerity and dedication, but also prioritize your health. This profession is stressful and draining and, therefore, selfcare is important. Second, establish a strong network of personal and professional contacts. These connections can provide crucial help and collaboration opportunities. Third, keep your client’s interest in mind at all times, try to understand their concerns from their point of view, and come up with sensible and ethical answers. Fourth, while your dedication to work is necessary, don’t forget to spend quality time with your loved ones. They sacrifice a lot for your success. Lastly, in our profession, English is gold, and it forms the foundation of effective communication at all fronts. Embrace it as your first language so that it would become a valuable tool for your legal journey.

    Get in touch with Vishal Gehrana-

  • Technology has significantly permeated the legal field, and currently, physical files are virtually non-existent in my practice- Devansh Srivastava, Advocate on Record at Supreme Court of India

    Technology has significantly permeated the legal field, and currently, physical files are virtually non-existent in my practice- Devansh Srivastava, Advocate on Record at Supreme Court of India

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

    Your journey in law has been quite impressive, with experience in various aspects of dispute resolution. Can you share with us what initially drew you towards pursuing a career in the legal field?

     My journey into the legal field has been driven by a simple but unwavering passion. I am a first-generation lawyer, with no prior family ties to the profession. Despite not being the top student in school, I was determined to become a lawyer from an early age. Influenced initially by depictions in the media, I soon delved into the lives of real legal luminaries like Ram Jethmalani, Soli Sorabjee, and Shanti Bhushan. Convincing my father, who had reservations about the traditional image of lawyers, was a challenge. However, I explained the modern opportunities in law, from law firms to in-house roles, and he eventually supported my decision. In over six years of practice, I’ve never regretted my choice. Law has never been just a career; it’s been a transformative force. It has provided me with a new perspective in life, for which I’m profoundly grateful. To those considering a career in law, remember that it can open diverse doors and create a meaningful impact. Embrace your passion, work diligently and the legal profession may offer you a rewarding journey, as it has for me.

    Over the years, you’ve gained expertise in Arbitration, Insolvency, Civil, Criminal, and Commercial Litigation. Could you tell us about a particularly challenging case you’ve worked on and the strategies you employed to achieve a successful outcome?

    Upon completing my college education, I had the privilege to meet Mr. Manish Bishnoi, an established Advocate on Record. Although there were no immediate openings in his Chambers at that time, Mr. Bishnoi expressed his willingness to accommodate me in the future. Eventually, an opportunity arose when one of his junior associates departed, and he offered me a position in his Chambers. At that time, I was relatively inexperienced compared to most of my peers, but I was determined to learn and grow in the legal profession with my hard work and compassion. During my early years, I engaged in a wide range of tasks, including drafting applications, filing cases, and rectifying procedural issues. Mr. Bishnoi provided me with extensive dictations to help me grasp both the facts and legal nuances of each case. Over time, my confidence in drafting grew. One particularly challenging case that stands out from my early career involved the National Highways Authority of India (NHAI) and a dispute over a price escalation formula, which was litigated before the Hon’ble Supreme Court. NHAI had faced unfavourable outcomes in multiple Arbitral Tribunals, with Section 34 applications under the Arbitration and Conciliation Act dismissed, along with unsuccessful Section 37 appeals. NHAI then approached the Supreme Court via a Special Leave Petition (SLP). This case demanded extensive legal research, meticulous documentation, and countless late-night efforts. As a junior practitioner, I was responsible for reviewing case law, annotating relevant decisions, and preparing comprehensive compilations. The hard work paid off when the Supreme Court granted relief in the SLP, marking a significant victory for NHAI. This experience taught me the importance of diligence, thoroughness, and unwavering dedication in navigating complex legal matters. It reinforced my commitment to the legal profession and the pursuit of justice through meticulous legal practice.

    From your work at different law firms, including your current position at Agarwal Law Associates, you’ve been involved in drafting pleadings, working with senior advocates, and appearing before courts. How do you manage the dynamic nature of court proceedings and the intricacies of drafting legal documents?

    Embarking on my legal journey was an exciting challenge. From the outset, I was determined to learn and evolve as a lawyer. It’s important to acknowledge that a lawyer’s life is filled with demanding hours, often starting in court from 9:30 am and extending well into the afternoon, sometimes beyond. Following our courtroom commitments, we retreat to our offices or chambers to delve deeper into our cases. 

    In my case, before I start drafting, I adhere to a structured routine. I begin by thoroughly reviewing the Impugned order, the core of the legal dispute. I meticulously compile a concise yet comprehensive list of crucial dates, which serves as a foundational reference point. Once I have a firm grasp of the facts and have conducted extensive research on the relevant laws, I start to draft the petition. 

    Through my journey, I’ve come to appreciate that the List of Dates is akin to a legal compass; it guides the way through the drafting process, simplifying what can often be a complex endeavour. 

    You’ve also been a part of cases involving insolvency and bankruptcy matters. Given the complex legal landscape in this area, could you share some insights into your approach when dealing with such cases and ensuring compliance with the Insolvency and Bankruptcy Code?

    In the initial years of my legal career, spanning until 2020, I hadn’t encountered a single Insolvency and Bankruptcy Code (IBC) matter. However, when I joined the Chambers of Mr. Nakul Mohta and Mrs. Misha Rohatgi Mohta, my very first assignment turned out to be an IBC case. Acknowledging the challenge, I fully immersed myself in the intricacies of the IBC and diligently studied the pertinent case laws in this specialized area. As I gradually grasped the foundational principles, my understanding of this complex subject deepened, and I can proudly say that I’ve played a role in several crucial judgments involving intricate IBC regulations. 

    This experience instilled in me a crucial lesson: the legal profession should never restrict itself to a single narrow field of law. Instead, we should remain open to exploring a diverse range of legal disciplines. While it might appear daunting initially, with unwavering dedication and a commitment to continuous learning through extensive reading and effort, any branch of law can become as intellectually stimulating and rewarding as the next..  

    Devansh, you’ve had the opportunity to work with various senior advocates and establish your presence in the legal community. Can you tell us about a mentor or experience that has significantly shaped your understanding of the legal profession?

    I’ve had the privilege of working alongside prominent Senior Advocates who currently practice before the Hon’ble Supreme Court, including legal luminaries such as Mr. Mukul Rohatgi, Mr. Kapil Sibal, Dr. Abhishek Manu Singhvi and Mr. Shyam Divan, among others. What I’ve gleaned from these experiences is that each senior advocate has their unique approach to case analysis, and crafting a Briefing Note tailored to their preferences is essential. There is an abundance of wisdom to be gained from senior advocates, especially in their exceptional ability to bring depth and nuance to a case. On numerous occasions, these seasoned practitioners have unearthed critical points that may have eluded others. 

    The legal field is constantly evolving, especially with technological advancements. How have you incorporated technology and legal research tools into your practice to stay ahead and provide the best possible service to your clients?

    Yes, technology has significantly permeated the legal field, and currently, physical files are virtually non-existent in my practice. I’ve transitioned entirely to digital files and documents. I must commend the efforts of our Hon’ble Chief Justice of India (CJI) in promoting the use of electronic devices, which has led to even senior advocates adopting iPads over traditional paper files. One noteworthy change worth mentioning is that senior advocates now request bookmarked and OCR (Optical Character Recognition) files instead of hard copies, a shift that has substantially reduced paper consumption. From filing to file service, everything in the Supreme Court has become electronic, and in my experience, nearly 50% of Supreme Court practitioners have embraced digital files. 

    Personally, I’ve become proficient in using software such as Adobe, PDF Expert and Liquid Text, enhancing my ability to read and manage files more effectively than was possible in the past. I recall numerous instances where case files spanned thousands of pages, making it exceedingly inconvenient to transport them to court. Now, everything is securely stored in the cloud, ensuring easy and instant accessibility. 

    Having recently cleared the Advocate on Record exam held by the Supreme Court, could you walk us through your preparation process and share any tips for aspiring lawyers looking to excel in their legal careers?

    I recently cleared the Advocate on Record (AOR) exam conducted by the Supreme Court in December 2022. It was my first attempt, undertaken immediately after becoming eligible. Before delving into my preparation process, it’s important to provide some context about this examination. 

    The AOR exam is an annual exam organized by the Supreme Court. Simply put, passing this exam grants you the eligibility to file cases before the Hon’ble Supreme Court. Currently, there are approximately 3000 AORs. The exam comprises four subjects: Practice and Procedure, Ethics, Drafting, and Leading Cases. To pass, you must achieve a minimum of 60 percent marks in each subject. Typically, this exam is held in June each year. As it coincides with the start of court holidays in mid-May, candidates have approximately 25 days to prepare. 

    In the year I took the exam, there were no court holidays, leaving me with limited preparation time. However, if you are a regular practitioner at the Supreme Court, your need for extensive preparation is diminished. Most aspects, including procedures and leading cases, are already familiar to you. Your goal is to refresh crucial aspects of each subject so that key points are readily accessible. 

    The most critical element for success in this exam is your writing proficiency. The AOR exam is primarily a written test, and the time allocated is relatively short. Therefore, to complete the exam successfully, you must have legible handwriting and maintain a good writing speed. This skill is essential to effectively address the examination’s demands

    Throughout your journey, you’ve navigated different law firms and areas of practice. What factors do you consider when choosing the cases or clients you take on, and how do you ensure a balanced workload?

    In addition to my full-time commitment at Agarwal Law Associates, which is a prominent Supreme Court litigation firm, I have managed to handle practice of my private cases. Learning from initial mistakes, I’ve adopted a strategy of exclusively handling Supreme Court matters. This decision ensures that I can consistently meet the demands of my casework, as timely attendance at other courts might pose challenges. My principle is to prioritize the firm’s work above all else, reserving nights and weekends for my private matters. So far, this approach has proven effective without significant difficulties. In my view, the primary consideration in taking on a case is whether I can deliver complete and impeccable service. It is paramount that clients do not harbour doubts that someone else could have handled their matter more proficiently. I am committed to ensuring that every case receives the utmost attention and diligence, aimed at achieving client satisfaction and upholding the highest standards of legal representation.

    Lastly, what advice would you give to fresh law graduates who are just starting their careers and looking to make a positive impact in the field of law?

    The field of law is not merely a subject learned from textbooks; it’s a practical domain that relies heavily on common sense. Throughout my journey, I’ve been consistently reminded by mentors that there are no shortcuts in the legal arena. Success hinges on relentless hard work and unwavering consistency. To the fresh graduates embarking on their legal careers, I offer this advice to be diligent and cultivate a “Never Give Up” attitude. When commencing our journey as lawyers, we often remain unaware of the hurdles ahead. Many who start this journey may feel inclined to quit prematurely. Initially, compensation may seem meagre, and the workload demanding. You’ll hear from friends in other fields that they earn more while working fixed hours, leaving you questioning your choices. However, rest assured, these initial challenges are temporary. Every lawyer, including the most accomplished, has navigated through this phase. Believe me, this initial grind will ultimately pay off, and you’ll emerge as a proud and accomplished professional. As a fresh graduate, your ability to contribute significantly to your senior may be somewhat limited initially. However, here are some pointers to make your mark which I have gained through my experience: 

    A. Good File Management: Prior to the day of a hearing, thoroughly review the case file and ensure it is complete. In the case of digital files, confirm that they are well-organized with proper bookmarks and OCR (Optical Character Recognition) applied. 

    B. Legal Research Mastery: Invest time in researching relevant laws and creating a comprehensive case law compilation. 

    C. Efficient Note-Making: Create concise, organized notes with page numbers, enabling you to navigate the case file seamlessly. I vividly recall a situation where I had to brief a senior advocate at the last minute when my immediate senior was unavailable. My well-structured notes proved invaluable, allowing me to brief the senior advocate effectively. Ultimately, it’s essential to have a firm grasp of the case’s facts, supported by page and paragraph references. This meticulous approach will not only assist your senior but also elevate your standing in the legal field. Remember, the early challenges are stepping stones to a rewarding and accomplished legal career. Keep the faith, persevere, and you’ll emerge stronger and more resilient in the world of law.

    Get in touch with Devansh Srivastava-

  • I always believe law as a profession and precisely litigation requires serious discipline, dedication and perseverance and for that every successful lawyer has to have one or two antidotes to overcome the challenges of this profession- Dawneesh Shaktivats, Advocate on Record, Supreme Court of India

    I always believe law as a profession and precisely litigation requires serious discipline, dedication and perseverance and for that every successful lawyer has to have one or two antidotes to overcome the challenges of this profession- Dawneesh Shaktivats, Advocate on Record, Supreme Court of India

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

    Sir, can you elaborate about your educational background and how it influenced your decision to pursue a career in law?

    I was born and raised in Ayodhya and I did my schooling from there itself. In an initial part of my career I was keenly interested to enter medical profession therefore after passing high school in 2009 I opted for science stream and started self-preparation for medical entrance examination. Thereafter after passing intermediate in 2011, I sat for medical entrance examination but I couldn’t clear the same.  In the meantime my sister Diva Devarsha (NLU Jodhpur Graduate, currently working as Principal associate in Economic Law Practice Mumbai)  inspired me to pursue law as a serious career option and prepare for various law entrance examinations as it requires similar dedication and hard work as compared to medical profession. On lighter note I would like to share that during my teenage days while traveling to my school I used to take one short-cut via District and Session Court, Faizabad (now Ayodhya) so I used to pass through various courtrooms near to which various staffs, police personal and litigants use to chit chat between each other but I was always having curiosity to know that what exactly used to happen inside those courtrooms so subconsciously in the back of my mind this acted as a fuel to my leap of faith to opt law as a career option. Thereafter finally after proper consultation with my parents I decided to start self-study for pursuing law as a career. Fortunately after one year of sincere dedication and self-study I qualified various law entrance examinations across the country.  Being new to this legal field I was always craving for proper guidance and practical exposure for witnessing application of law in courts & administration. This inspired me to join the Faculty of Law, Jamia Millia Islamia, New Delhi to pursue my legal education as it is India’s finest Central University and it is situated in the Heart of Delhi which is the best place to get all kinds of exposure required for a budding lawyer.      

    You have interned at different organizations during your education. How did these internships contribute to your overall growth and understanding of the legal field?

    Whether it was my MHRD IPR Research Associate work in collaboration with IIT Madras, SEBI’S (Headquarters) Legal Team, Greenpeace Pune, HRLN Delhi or in the Direct Tax team of Lakshmikumaran & Sreedharan, Delhi.  I always believed that the more exposure I will get after working as an intern for these prestigious organizations the more clarity I will get while finalizing my stream in the legal profession. Here I would like to emphasize one of my major internships which was in the winters of January 2014 when I was interning under AOR, Sudhanshu Chaudhari in Supreme Court. I witnessed Late Sr. Advocate. T.R.Andhyarujina making submissions before the Hon’ble Supreme Court in one of the matter their I got so much mesmerized by his way of speaking, legal knowledge and humility that on that day itself I made one internal conviction that after passing my law school I will be pursuing litigation as my career option. In the similar fashion Late Sr. Advocate Ram Jethmalani and Sr. Advocate Fali. S. Nariman gave me inspiration to pursue litigation as my career option.

    Could you describe your current role as an Advocate on Record at the Supreme Court of India? What types of cases do you handle, and what are your primary responsibilities?

    My primary role as an Advocate on Record is to properly safeguard my client’s right and prepare my case file considering all the facts and legal provisions mentioned in the impugned order or the corresponding proceedings of any other forum. I usually handle civil, criminal and commercial, white collar matters in the form of Special Leave Petitions, Writs, Transfer Petitions, Civil and Criminal Appeals. Further my duty is to properly draft the matter , if required then briefing matters to the Senior Advocates, preparing Argument note with proper precedents, handling of Chamber and Registrar Courts and making  proper submissions before the Hon’ble Supreme Court whenever the case demands.

    In your previous work experiences, you have dealt with a wide range of legal matters, including civil, criminal, commercial, white-collar crimes, and more. How do you manage such diverse cases, and what challenges do you face in handling them?

    Being a first generation lawyer I am able to handle a wide range of legal matters which includes civil, criminal, commercial and white-collar crimes matters. Here I would like to emphasize that it only got possible because of proper guidance by my mentors (AOR Mr. Deepak Parkash and AOR, Pallav Mongia) in my initial years of this profession. I always believe law as a profession and precisely litigation requires serious discipline, dedication and perseverance and for that every successful lawyer has to have one or two antidotes to overcome the challenges of this profession. My antidote of multitasking with proper planning, deadlines, documentations, research, client discussion with my team members and mentors before working on any matter helps me to counter a wide range of legal matters with its complexities.

    Can you share a notable case or project that you worked on, which had a significant impact on your career? How did it shape your perspective or approach to law?

    I have worked on many landmark cases listed before the constitution bench of the Hon’ble Supreme Court of India which includes Data Localization matter , Ayodhya Land Property Dispute (Ram Mandir matter ) , Land Acquisition matter (Indore development authority matter ). But the matter which had a significant impact on my understanding or approach towards the application of legal procedure altogether is the Gain Bitcoin matter. Unfortunately I would refrain myself from further elaborating about this matter as it is still sub judice before the Hon’ble Supreme Court of India.

    Could you discuss any workshops, conferences, or moot court competitions that you have participated in? How have these experiences helped you grow as a legal professional?

    Yes, in my law school days I used to participate in various workshops, conferences and moot court competitions. But the most memorable experience I had was while preparing and participating for India Rounds of 56th Philip C. Jessup International Law Moot Court competition held in the year 2014 as this is a very special and prestigious moot which requires extensive research and preparation before participation. Though we as a team were unable to qualify for the world rounds of this prestigious moot, this moot gave me a very in-depth understanding of International Law  including  its inception. As a legal professional this made me explore various research tools and methodologies which till date help me in my various matters going on at different forums.

    You have been involved in various extracurricular activities, such as legal literacy programs and discussions with media persons. How do you balance your professional and social responsibilities?

    Whenever I get free time in this profession I love to devote myself to fulfill my larger life goals of doing something for society at large which includes legal literacy programs, engaging in social work for downtrodden strata of the society and participating in various discussions on social issues and issues of national importance. The only passion which drives me to do all these extracurricular activities is to give back to society its due as many selfless people helped me during my struggling days when I was a budding lawyer.

    What advice would you give to fresh graduates who are considering a career in law? What are some key lessons or insights you have learned along your journey that you would like to share with them?

    Being a first generation lawyer I will be very blunt in advising all the fresh graduates who are considering a career in law that you will not get bed of roses in the initial part of your years and you might also face many ups and downs but with proper discipline, hard work and perseverance you can melt the mountains of challenges coming in the path of your professional journey. 

    Get in touch with Dawneesh Shaktivats-

  • The hard work you do in your senior’s office helps  a lot when you start your own practice- Yasharth Kant Srivastava, Advocate on Record, Supreme Court of India

    The hard work you do in your senior’s office helps  a lot when you start your own practice- Yasharth Kant Srivastava, Advocate on Record, Supreme Court of India

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

    Sir, can you tell us a little about yourself and how you decided to pursue law as a profession?

    I am a practicing lawyer with over 10 years of experience at the bar. I completed my law degree from National law University, Lucknow  and started my career as an associate with a Senior Advocate in the Supreme Court. However, I always had a passion for advocacy and decided to switch to  independent litigation after a few years. I was drawn to law as a profession because of its ability to bring about  change in society  Moreover  I am a second generation lawyer therefore I grew up watching lawyers in my family, which actually created my interest in the field. 

    You have a vast experience of more than 10 years at the bar. Could you please share with us how your experience has been so far and some of the significant cases you have handled?

    My experience at the bar has been challenging and rewarding at the same time. Even though I come from a family of lawyers,  initially it was difficult to get your own clients , so in my early day I decided to sharpen my skills on cases allotted  by my seniors.I have had the opportunity to work on a variety of cases across different areas of law, including Constitutional Law, Criminal Law, commercial disputes, Educational and service law, and arbitration. I have been involved in many constitutional bench cases  and one of them was a 9 judges bench on tax matters. That case went on for 2 months. It was a complex case that required extensive research and preparation, but it was a great learning experience.

    The hard work you do in your senior’s office helps  a lot when you start your own practice.  

    You have dealt with cases before Constitutional benches of the Supreme Court. Can you tell us about your experience of appearing before the highest court of the country, and what is it like to argue before such benches?

    I was one part of a team of lawyers who appeared before various  Constitutional benches of the Supreme Court and it  was an exhilarating experience. When you appear before the constitutional bench , you are part  evolution  of laws which the future generation will read, However, it is also a daunting task as the stakes are high, and  as young lawyers there is a lot of  pressure ,to prepare for such cases, I spend a considerable amount of time researching and analysing the legal issues involved. We also try to anticipate the questions that the judges may ask and prepare my arguments accordingly. All this hard work helps you sharpen your  legal mind. 

    You have represented insurance companies, banks, and government departments before the Hon’ble Supreme Court. Can you talk about the challenges that you face while representing these clients, and how do you overcome them?

    Representing insurance companies, banks, and government departments can be challenging as these clients have unique requirements and expectations but it is like any other client , as they  also want results. One of the significant challenges is to balance the client’s interests with the legal and ethical obligations of a lawyer. To overcome these challenges, I ensure that I have a thorough understanding of the client’s business and objectives. I also maintain open communication with the client and keep them informed about the progress of the case . Regular updates to the clients from the lawyers is also one of the important  tasks of a lawyer.  Clients are also part of the process. 

    You have also dealt with arbitration matters, including the appointment of arbitrators through Courts. Can you tell us how you prepare for such cases and what makes them different from regular court cases?

    Arbitration matters require a different approach than regular court cases, However pre arbitration litigation is very common these days and often requires court orders ,to even get the arbitration started. Arbitration as such is considered  to be a quicker remedy to settle the dispute, but it only works if both sides want an authoritative pronouncement  , otherwise it might also become cumbersome.

    What are some of the skills that you think are essential to be a successful lawyer, and how can young lawyers develop them?

    My usual advice would be , excellent communication skills, analytical abilities, and attention to detail. But I would also add that one should also start investing in human resources. Young lawyers should start to develop genuine human relationships in life and it will help them in the long term. People should trust you as person and as lawyer both. Trust building is a very important part of litigation. Lawyers are engaged mainly because the clients trust them.

    Finally, what advice would you like to give to young law graduates who are just starting their careers and looking to establish themselves in the legal profession?

    My advice to young law graduates would be to focus on building a strong foundation in the law and developing a deep understanding of legal principles and concepts. They should also cultivate a strong work ethic, be open to learning, and seek opportunities to gain practical experience. Finally, they should always maintain high ethical standards and uphold the integrity of the legal profession.

    By practical experience I mean , they should start working like a lawyer ,even when they are  interns, don’t wait  for your degree , start early , Don’t go for short cuts in early days ,because later on you will have much lesser time in your hand. 

    Build rapport  with your teacher, seniors ,colleagues and even  boss.

    Everyone has a different journey , but your seniors can always shows you the path.

    Get in touch with Yasharth Kant Srivastava-

  • It’s paramount to have an understanding rather than mere knowledge of various Acts, as litigation is the intersection of various laws- Disha Singh, Advocate-on-Record,Supreme Court of India and Certified Mediator

    It’s paramount to have an understanding rather than mere knowledge of various Acts, as litigation is the intersection of various laws- Disha Singh, Advocate-on-Record,Supreme Court of India and Certified Mediator

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

    Ma’am, could you please tell us a little about your background and what led you to pursue a career in law?

    I’m a law graduate from Campus Law Centre, Faculty of Law, University of Delhi, and thereafter I’ve done my masters from Queen Mary, University of London. I’m also an advocate on record at the Supreme Court of India. The areas of my expertise include civil and commercial law, property law, writ litigation, and advisory. I represent clients and appear before the Supreme Court of India, the High Court of Delhi, and District Courts. I had a fair idea that I wanted to pursue law as a profession since my school days, and that developed further after my graduation.

    You’ve worked for various organizations as a panel advocate. Could you walk us through what you learned from each experience and how it has contributed to your overall growth as a lawyer?

    My work as an advocate and my engagement as a panel advocate of government bodies have made me appreciate the importance of the complex interaction of centre, state, and local law. I decided to pursue law because I believe that the law is a critical tool for addressing problems facing our national and immediate environments and for securing a high quality of life for the citizens of society. The work undertaken by me as a panel advocate helped me build on my background, skills, and knowledge, which propelled my growth in the legal profession.

    In my previous experience as a panel advocate, I have learned and grown due to the complexity of litigation involved in such assignments and the responsibility of representing government agencies. I would like to believe that working directly with government entities in the legal system has given me opportunities to see how the law affects real people and how it works in real time.

    Could you share with us some of the most challenging cases you’ve handled in your career so far, and how you approached them?

    The most challenging cases that stand out distinctively in my mind would be a batch of review petitions for enhancement of compensation in a land acquisition matter in the Supreme Court early on in my career. This was my first independent appearance and an opportunity to argue a case before the Supreme Court. This case gave me the confidence to draft and plead a case from its inception to its rightful conclusion. These are rare opportunities for a young lawyer, and I would like to thank my senior, Sh. S. K. Pabbi, for the same.

    You’ve also been involved in legal aid and pro bono work. Could you tell us a little bit about your experience in this area and why it’s important to you?

    I’ve worked as a panel advocate with the Delhi State Legal Services Authority for three years. This has allowed me to observe the workings of our justice delivery system and has allowed me to contribute my small bit to the better implementation of reforms that legal aid strives for. After working with legal services authorities, I have gained a fair understanding of how the various elements of the justice system operate and how essential legal aid is for fulfilling the promise of access to justice for every citizen.

    Could you walk us through your research and publications, particularly your dissertation on Drawing Adverse Inferences from the Non-Production of Evidence in International Arbitration?

    I have developed my writing and research skills as a postgraduate student while writing my dissertation. The opportunity to write my dissertation taught me the basic research skills that any legal professional must master. This experience helped me gain insights on effective research techniques and improve my writing skills, which assisted me in sculpting my drafting skills as an advocate.

    How did you approach your academic studies, and do you have any tips for aspiring law students?

    My approach has always been to understand the fundamental principles of any law instead of knowing the number of the section or the name of a certain principle. It’s paramount to have an understanding rather than mere knowledge of various Acts, as litigation is the intersection of various laws. It’s also important to develop a sense of curiosity and keep it alive as the years pass by. I would also advise law school aspirants to cultivate a healthy habit of reading.

    What advice would you give to fresh graduates who are just starting their careers in law?

    I would like to share something I read that has stuck with me as a first-generation lawyer, especially with those who want to work in litigation: “patience is not something you develop out of choice but because nothing else works.” At the risk of sounding preachy, I would advise law graduates who want to work in litigation to have perseverance and patience.

    Get in touch with Disha Singh-

  • 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- Rajdeep Lahiri, Advocate on Record

    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- Rajdeep Lahiri, Advocate on Record

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

    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!

    Get in touch with Rajdeep Lahiri

  • In Conversation with:- Mohini Priya, Advocate on Record, Trained Mediator, Policy analyst, Member of International Legal Alliance and Member of India Child Protection Forum

    In Conversation with:- Mohini Priya, Advocate on Record, Trained Mediator, Policy analyst, Member of International Legal Alliance and Member of India Child Protection Forum

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

    What motivated you to pursue law? How was your under-graduate experience in law school? If not law, which subject would you have opted for?

    I completed my five years law course from Government Law College, Mumbai in the year 2009. Honestly speaking, being from the science stream, pursuing law was not the obvious career option for me.

    I wanted to pursue medicine in the first place but like any other confused student wanted to explore other options as well. Interestingly, around the same time, with the emergence of national law schools and many corporate law firms, law as a career option was becoming lucrative, as it offered a stable career which was financially rewarding.

    Many new offshoots of law had come up, like the IPR, Cyber Laws, Environmental laws, so there was no dearth of opportunities. All these factors were creating an inclination towards law. However, I was not very vocal and outspoken in my school days which made my family sceptical about my suitability for the legal profession, as it is the popular perception that lawyers are supposed to be loud and aggressive.

    In the midst of all the confusion raking up  in my head, I intuitively decided to take up law. In those times there was no CLAT and admission in GLC, Mumbai  was solely on the basis of 10+2 score and interview. The cut off was high but I luckily managed to make it through the final list.

    And that is how this journey began. So in my case it was more a matter of destiny than choice. Hailing from a small town, there were initial hiccups in adjusting to the fast pace life of Mumbai but I believe it is far more easier to adapt to change at a younger age, and so I soon became a part of it.

    Being in the heart of the town, GLC had locational advantage, apart from having some very good professors and an extremely distinguished alumni.

    A few months into college I realized that extra curriculars were as important as academics. I was a part of the Moot Court Association, The Legal Aid Committee and the Student’s Council, which gave me abundant exposure to lawyers and law offices, allowed to acquire some important life skills like organization and team work and also helped me get visibility.

    I did some national and state level moot courts, which gave me a good practical experience of law. I focused on getting a few good internships in Bombay High court and the Supreme Court of India and also did a couple of corporate internships.

    I think it was the last corporate internship which made me realize that litigation was my true calling. So yes, I did take five years at law college to understand what I really wanted to do, but once that happened I held on to my decision and persevered.  

    Do you believe that law students must be taught the ground reality of Court procedures along with the theoretical part?

    Most law schools these days have moot court competitions, negotiation competitions, which give a law student some opportunity of legal research and arguments as well as a preliminary understanding of court manners. However, in actuality, the working of a court is very different and there is no set pattern.

    For a litigating lawyer, every day is a new day. “Legal acumen” is not something that can be taught but is only acquired after years of experience  and learning from one’s mistakes. Sometimes things may not go as planned.

    A lawyer may be fully prepared to argue a case in a particular manner but the Bench may throw a completely different issue at them. Thus real court craft involves creative thinking,  quick decision making  and learning to read the mind of the judge, which can only come after some years of real court experience.

    A good approach to be adopted by law colleges would be compulsory court visits for law students, so that they get adequate exposure to actual functioning of courts. Now with the live streaming of Constitutional Bench of Supreme Court, as well as some other High Courts law students will have online access to courtrooms and can well prepare themselves for the times to come.

    How do different approaches of adjudicators help in critical thinking? Do you believe that it helps in understanding cross-cultural overlaps in legal systems?

    India is known for its cultural and religious diversity. Sometimes reading a book or doing a course may not help a law student understand the socio-cultural implications of the problem at hand. Real life references are needed to relate to a particular issue and understand it at a grassroot level. Socio-cultural and religious ethos run deep into an individual’s psyche and that reflects in many of the judgments delivered by Courts. A judgment is not merely an interpretation of a law, but is a reflection of  judge’s cultural background and mindset. A study of court judgments does encourage critical thinking. Take for  example, the recent split verdict of the Supreme Court in the Hijab case. The moot question there was whether there is a right to wear hijab in educational institutions in Karnataka – with one judge affirming that the state government is authorised to enforce uniform in schools as wearing of hijab is not mandatory in Islam, and the other calling hijab a matter of choice that cannot be stifled by the state.

    While both the reasoning are correct, the question we need to ask ourselves is how do we want to grow as a society. Whether we should follow the strict letter of the law or give way to a progressive interpretation in light of the changing times and in the interest of social justice.

    Some of the judgments delivered by Courts may not be in tune with the societal changes and that is where a role of a lawyer comes in- to sensitize and be sensitive.

    Even as a mediator, I come across individuals from different backgrounds and cultures, which helps me better understand human psyche better, which in turn gives me an additional advantage in deriving a solution when faced with a similar situation in courts.

    The Courts in recent times have been moving towards a progressive regime, like decriminalizing homosexuality, declaring abortion as a reproductive choice of women, and including ‘marital rape’ within the ambit of rape for the purpose of MTP Act, to mention a few. In some ways we are ahead of western countries when it comes to fundamental rights.

    However, a change in laws cannot change mindsets overnight, as social and cultural norms play an important role in resisting change. Analysis of court judgments helps in understanding cross cultural diversities and  narrowing this gap.

    You filed a PIL before the Hon’ble Supreme Court, on behalf of a leading IVF Specialist based out of Chennai, challenging the constitutionality of several provisions of the Surrogacy (Regulation) Act, 2021 and the Assisted Reproductive Technology Act, 2021. Please tell us about the matter in detail.

    Surrogacy is a rather complex issue as it has several socio-cultural and economic implications. Bringing about a legislation in this field would require extensive study and research as well as opinions of experts in the field. However, the present legislations on Surrogacy and Assisted Reproductive Technique seem to be fundamentally flawed in many aspects.

    Firstly, the Surrogacy(Regulation) Act, 2021 recognizes only heteronormative married couples and fails to take into account other alternative family arrangements like same-sex couples and live-in couples which have been given legal recognition.

    The Surrogacy Act creates artificial distinction amongst women inter se by excluding single women (except widows and divorcees within a certain age bracket) to avail of surrogacy. Single men have been altogether excluded. Moreover, surrogacy is now allowed only in altruistic form from a close relative which is an infringement on a couple’s fundamental right to privacy.

    Unfortunately, infertility is still a taboo in our country and most couples wouldn’t want to disclose such a fact even to their family in order to find  a close relative who is willing to be  a  surrogate mother.

    Thus imposing a blanket ban on commercial surrogacy may prove to be counterproductive and lead to illegal and unregulated markets. Apart from that many provisions under the Assisted Reproductive Techniques Act, 2021(ART Act) are medically not viable and impossible to implement.

    The ART Act apart from restricting the number of times an egg donor can donate in her lifetime, creates no provision for compensation to an egg donor. Moreover, several procedures which were completely legal earlier have been suddenly rendered illegal or in an impasse by the passing of the Acts.

    All these factors have brought donor cycles in our country to a standstill. During the hearing of the petition. the Hon’ble Supreme Court observed that these issues need consideration and has asked the Central Government to file a response. I sincerely hope and pray that the Apex Court gives a progressive interpretation to both the statutes and if that happens, this case could prove to be a breakthrough in the field of reproductive rights.

    How important do you consider legal professionals to work with NGOs and support social initiatives? Do you think it adds value in the long run?

    Law is called a “Noble Profession” and rightly so. We, as legal professionals have a positive obligation to contribute to the society. Lawyers are agents of social change. However, in order to bring about a substantial change, it is important to understand the  problems and complexities associated with an issue at grass root levels and NGO’s provide a very good platform for that. NGO’s work in close association with vulnerable and marginalized sections of the society.

    Working with an NGO may not provide one with an immense amount of money, but it gives great networking opportunities, as well as help a lawyer to contribute towards creating a social impact. Apart from that, NGO’s have extensive research material and experience in the field they cater to, which could be effectively used by a lawyer to become the voice of the voiceless. 

    Lawyers have an additional advantage of knowledge of court procedures and direct access to courts, and can help direct future litigation on important social issues in accordance with an NGO’s aims and objectives.

    I have had the opportunity to work with some leading NGOs like Prayas, which extensively works for rehabilitation of street children and juvenile justice,  and I can certainly say that it has opened a whole new dimension for me which has immensely helped me in my professional and personal growth.

    Apart from that, the satisfaction one gets from rendering service to the community is unmatched. So, I would highly recommend every litigating lawyer to have some exposure of working with an NGO.

    What are the roles and responsibilities for a policy advisor? And will it create more opportunities for legal professionals in coming times?

    Policy analysis includes identifying current or impending problems with a government policy, determining its causes and proposing solutions. A lawyer broadly does the same for his clients and therefore lawyers make for great policy analysts, although not all policy analysts are lawyers.

    There are special courses offered by universities on policy analysis. However, lawyers and law students have a unique advantage when it comes to deciphering legal jargon and forecasting how a legislation would develop. Another advantage is their ability to recognize how a small change in a rule or regulation could have a huge public impact.

    Legal professionals can work in policy space as research fellows in government agencies, think tanks, research organizations and corporations examining complex issues that affect the government and the daily lives of citizens.

    I have personally worked at analyzing some provisions introduced by the Child Marriage Amendment Bill, 2021 and the Juvenile Justice Amendment Act, 2021 as a representative of the NGO Prayas and India Child Protection Forum headed by noble laureate Kailash Satyarthi and I have to admit that it was one of the most enriching experiences of my legal career.   

    What, in your opinion, could be a social security safety net for lawyers after experiencing various pandemic waves?

    It is indisputable that two years of the pandemic has hit lawyers very hard. There has been loss of work, loss of income, many lawyers had to downsize their team and even close down their offices as there was not enough revenue generation even to pay for rents. Virtual hearings have resulted in concentration of work leading to disguised unemployment.  

    Although some of the Bar Councils have done their part in providing financial assistance to lawyers during the pandemic, it needs to be accessible to a larger community of lawyers and specially young lawyers.

    A welcome step in this direction has been the recent observation by the Hon’ble Supreme Court that young lawyers should be adequately compensated by their seniors.

    The pandemic has not just hit lawyers financially but the uncertainty and trimmed income apart from social isolation has had a severe impact on their mental health. There should be some initiative by the Bar Council to conduct counselling sessions for lawyers and seminars on mental health awareness.

    Young lawyers should be encouraged to argue in order to help fast track their career trajectory.  

    The post pandemic era has seen increasing use of technology and a gradual transition towards paperless courts. Although green courts are a welcome step, however some lawyers who are already facing financial difficulties may find it rather difficult to invest expensive gadgets in order to switch to paperless mode, and hence some financial assistance should also be offered to such lawyers.

    What career advice do you have for our readers? 

    There is no “One size fits all” approach when it comes to the litigation. Things may not always go as planned, so be patient but relentless in your efforts. Identify opportunities and take the first step.

    Sometimes what may on the face of it seem to be insignificant might turn out to be a determining factor in your career, so don’t be afraid to take chances. Create short term goals and focus on them. Failure is inevitable but also necessary in order to stay motivated and grounded.

    As a young litigator, there may be many brief-less days. Instead of getting hopeless and frustrated, use that free time to learn new skills, take up some courses and create litigation opportunities.

    Time management is very crucial. Hard work has no substitute but smart work gives you a cut above the rest. Intelligence is a blessing but knowing how to channelize it in the right direction is what differentiates an average legal professional from a successful one. Today, digitally-savvy lawyers are in high demand as technology continues to evolve and progress.

    And as the Indian Judiciary System gradually acquaints itself with cutting-edge technologies, emerging lawyers must do the same.

    Lastly, going by my personal experience, I would like to tell my readers that career confusion is completely natural and pushes individuals to explore different opportunities in order to reach a well thought out decision, so keep your minds open and always remember that growth is more important than success.

    Get in touch with Mohini Priya-

  • In Conversation With: Mumtaz Bhalla, Partner at Economic Laws Practice (ELP) and an Advocate on Record at the Supreme Court of India

    In Conversation With: Mumtaz Bhalla, Partner at Economic Laws Practice (ELP) and an Advocate on Record at the Supreme Court of India

    This interview has been published by Sonali Parashar, Ojuswi Sahay, and the SuperLawyer Team

    It is said that the best moments happen when they are unplanned. How true do you find this axiom? Do you anyhow relate to it considering that you were a science student and had never intended to take law as a career?

    I fit this quote perfectly. Law for me was unplanned. It wasn’t a thought-out decision. I didn’t know of the challenges the profession brought with it. Had I planned on it, I would have researched and succumbed to the pressures and challenges, especially since no one even in my distant family was/is a lawyer. After finishing school, I was clueless about what to do. I knew that I could never be a Doctor for even the very sight of blood could send shivers down my spine.

    A friend wanted to pursue law and convinced me to sit for an entrance exam. I think it worked in my favour. I came with no expectations, just seamlessly adjusted and fell in love with it. Sometimes the lack of expectation can set you free, certainly did so in my case. Today, I can say with certainty that it was the right and the best choice for me. I could have been nothing but a lawyer. 

    How did you manage to secure an internship under Mr Arun Jaitley and then land a job role at L&L Partners? 

    Mr Jaitley was the reason I took law seriously. I went to him seeking an internship in my final year of law school. At that time, everyone intended to seek a job where the internet and law firms were the most sought. I was very clear in my mind that I wanted to be a litigator and I knew that Mr Jaitley was inclined towards politics, so it may be my one and only chance to work with him for a considerable time. When I interned with him, the sheer aura he exuded was inspiring. His oration was impeccable and there was so much to learn from him.

    The internship led to a job as he felt that, if groomed right, he could be a good lawyer. I am glad I learnt from him, else I would have never been what I am today. Mr Jaitley quit practice in June 2009 and I had no choice but to move on. I had interned at L&L Partners and it was natural for me to look for a job there. I knew the environment and they knew my work fairly well. So, it all fell into place and it did not take much time for them to decide on my candidature and I joined L&L in July 2009.

    You worked at L&L for more than a decade. Can you share a bit about your role and the kind of work you had there? Do you think that L&L Partners was a turning point in your career?

    L&L appeared to be a stop-gap arrangement back then because I was not sure if I wanted to be at a law firm. I was enjoying law, but a job change after working at a place merely for one and a half years left me in a bit of a quandary. I joined L&L and there has been no looking back since then. From being valued as a resource in every matter I worked on, to being given the exposure to develop business with barely 3 years into the profession, allowed me to hone my all-around skills. I was acknowledged for my contributions in a matter, given out-of-turn promotions, and allowed to argue matters early in my career. Mr Jaitley inspired me…he was my guru.

    L&L shaped me into what I am… They knew what I was capable of, and they gave me the confidence and the platform to grow. I handled a variety of matters. A lot of practice areas (such as criminal trials) were not what my team did…but I was always encouraged to explore that part of the law as well. My Senior Partner had faith in me and let me develop my own ideas and approach. I have done everything from civil trial to criminal trial to PMLA to the consumer to arbitration to appellate and constitutional matters. I don’t think I could have gotten this kind of exposure anywhere else. In fact, it was my experience which helped me clear my AoR exam in my first attempt without the effort I expected I needed to put in. I continued with my regular work and cleared the exam with a good score.  

    You happen to excel both in Arbitration and traditional court-based litigation. What according to you is the best dispute resolution method? Do you think ADR is really serving its purpose in lowering the pendency of cases and burden on Courts?

    According to me, Arbitration is nothing but a personalised mini-trial. It is a more formal and time-bound process. I enjoy arbitrations as much as I enjoy traditional litigation…and sometimes even more. Out of all the arbitrations I have handled till now (big or small), all have been presided over by retired Judges, so the efficiency of CPC has never been compromised despite CPC not be strictly applicable. 

    I feel ADR is serving its purpose. With the way the Arbitration law has evolved in the last 7 years, it is at par with global standards. Arbitrations no longer go on like civil trials for years and years. The challenge to an award is restricted and with no automatic stay to an award upon the filing of an appeal anymore, matters get resolved quicker. Courts are usually reluctant to grant a stay without a deposit and where the Judgment-Debtor has to pay a big deposit, the matter often gets resolved without going through the lengthy process of an appeal in many cases. I feel while ad-hoc Arbitrations are expensive, institutions like DIAC bring it closer to smaller claims. I am certain that with time, arbitrations would make way for all kinds of disputes. 

    What skills according to you a law student must groom in order to pursue his/her career in International & Commercial Arbitration?

    I think reading the Arbitration and Conciliation Act is not enough. They must read the latest law on it…see how courts are interpreting it…follow law commission reports, and international developments…because what happens internationally is adopted by India too…sooner or later. 

    Can you tell us a bit about your current role and responsibilities? 

    Much like L&L, where I was a Partner for about 5 years, I am a Partner at ELP where I handle their dispute resolution (arbitration and litigation) practice. My role at the firm includes execution of matters, and business development so that we all can grow as a firm. Unlike several other firms, ELP (as did L&L) encourages its Partners to argue matters and conduct evidentiary hearings, which makes work more exciting.

    You have also served as the regional representative of India in the International Bar Association’s Criminal Law Committee. Would you like to share your experience and key learnings with us? 

    That was a beautiful experience. I argued for the Prosecution in a mock trial for an international crime before a Bench Comprising of a sitting Judge of the Supreme Court of Korea and won the criminal trial. My entry to the committee just didn’t help me organise the Trial but helped me understand issues of Transnational Crime, discuss cross-border criminal law issues and meet the experts in the arena. IBA also helped me gain an international name which is hard on the criminal side till you take part in any actual international criminal trial. In fact, law firms in India usually don’t focus a lot on criminal trials and organisations like IBA take us beyond our territorial limits.   

    At last, would you like to share your success mantra with our readers?

    After having given 13+ years to the profession, I feel there is no success mantra. There are no rules to go by. Work hard and with complete sincerity…enjoy what you do…success is a natural by-product. Don’t be impatient, don’t look to take shortcuts, there are none. Grow your way up the ladder with patience and perseverance.  

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  • What does it take to become a partner? Sahil Narang, Partner at Khaitan & Co and AOR, Supreme Court shares his 8-year-long journey at Khaitan: from junior associate to a distinguished Partner.

    What does it take to become a partner? Sahil Narang, Partner at Khaitan & Co and AOR, Supreme Court shares his 8-year-long journey at Khaitan: from junior associate to a distinguished Partner.

    This interview has been published by Sonali Parashar and the SuperLawyer Team

    Let us begin with the most important question, did you always dream of becoming a lawyer or, did it happen by chance? Also, tell us about your journey.

    Before coming to what led me to become a lawyer- a little bit about me. I hail from Abohar, a small town, about 30 km from the India-Pakistan border, in the State of Punjab. My grandfather was a local politician and social worker, and my father was a lawyer practising at the city civil courts, Abohar who, quite often, also used to attend and appear before the District Courts at Ferozepur (later at Fazilka, a border town). So, I was exposed to the field of law at a very young age. 

    Since I grew up looking at my father, working diligently as a lawyer and collecting hundreds of books for his library every year, the curiosity towards law was imbibed in me by default. However, I had a huge interest in the field of science during my school days and wanted to become either a doctor or an engineer given the trend prevalent at that time.  I went on to study science in the 11th and 12th standard and gave competitive exams such as the IIT, AIEEE, etc. to get admission into engineering courses back then. I had an option to continue that pursuit and become an engineer, however, the innate affinity towards law imbibed within me from childhood, looking at the meticulous way my father used to practise law, pushed me to pursue the study of law. Therefore, rather than getting admission in some renowned engineering college, I enrolled in the B.A.(Hons.) program at DAV College, Chandigarh affiliated to the Panjab University, Chandigarh. I passed BA with a distinction in Political Science in 2005, post which I got selected in the three-year law course at one of the oldest institutions in the region, the Department of Laws, Chandigarh, my father’s alma mater.

    Since I was inclined to continue the study of law and give competitive examinations including the judicial services exam, I got admitted to the LL.M course at NALSAR University of Law, Hyderabad through CLAT. I was actively involved in research, pro bono work and co-curricular activities at the university during the LL.M course. 

    During my days at NALSAR, I was introduced to various opportunities in the field of law. I also got an opportunity to attend the Private International Law Course at the Hague Academy of International Law at, the Hague, the Netherlands in 2009. Eventually, I joined Khaitan & Co. and a decade later – here we are. 

    The present focus is on advising on regulatory issues, commercial litigation, and the representation of various clients from the entertainment and multiplex industry across India. If we draw a comparison between the global and Indian entertainment and multiplex industries, were you able to predict these advancements in the legal arena?  

    The advancement in the legal arena surrounding a sector depends upon the growth of that sector. I have been blessed to get exposure to and advise and represent clients in various sectors including in the entertainment and multiplex industry during my career. The Indian entertainment and multiplex industry caters to a very different demographic as compared to the western world. Although we receive some guidance from other countries when it comes to legal issues surrounding this sector. While there is a significant amount of autonomy and minimal regulation in western countries in the sphere of entertainment and cinemas, jurisprudence is still evolving in India. We still see heavy regulation by the government in these spheres and archaic laws which are dealing with these fields. The Indian cinema industry is faced with archaic laws which need to be updated given the fast-paced development in this area. The liberalisation of Indian cinemas and the recent shift to OTT has been a game-changer on how people consume entertainment in today’s world. The recent years have witnessed a massive influx of OTT giants such as Netflix and Amazon foraying into the Indian market. This has led to an increased reliance on Indian lawyers to assist them to find their way into the Indian space and steer clear from legal repercussions. The real challenge is for the regulation to catch up with the development of this sector.    

    You were named as one of the lawyers for Legal Era’s 40 under 40 list in the field of law for the year 2020, and you also served as the Co-Chair of Competition Law & Consumer Affairs Committee of PHDCCI for Presidential Year 2021-22. Congratulations on adding another feather to your cap. What is your next goal? Is there anything you’d like to tell us about?

    I had started with Khaitan & Co as an intern in the year 2009, got a PPO and became a Partner with the Dispute Resolution practice group, New Delhi in the year 2018. I have learnt a lot during this time. Currently, I lead a team of lawyers working on the dispute resolution side with a primary focus on commercial litigation and arbitration. The year 2020 was a very challenging year given the outbreak of the COVID-19 pandemic. It brought the best out of many of us. I was very lucky to have worked on a variety of matters despite the disruption in the legal sector because of the pandemic. It was because of the wide variety of work and the client’s recommendations that helped me get recognised in recent years. 

    However, I wish to be mindful that it’s a sea out there and there is still more to be achieved. I would want to expand my commercial litigation and arbitration practice, both domestic and international, and engage more in highly complex and challenging disputes. 

    Besides this, I would also like to contribute to the development of jurisprudence in various nuances of laws including beneficial legislations made for ease of trade and commerce.

    Having received so much from the legal fraternity, I would like to take out time to render legal advice to individuals and organisations that are unable to afford legal advice and/or cannot access legal aid. Various organisations are doing good work in this sphere. However, it is particularly overwhelming to see young law students very effectively running legal aid clinics in their colleges and effectively using social media to educate people and spread legal awareness. It would be a privilege to be associated with such benevolent activities.  

    At this juncture of my career, I would want to engage with law students and young lawyers to share the experiences and learnings, which I have received in my career to date. In fact, in furtherance of this endeavour, I have been actively participating in such webinars and would certainly like to keep that going. 

    I would conclude with a famous quote – ‘Big tasks are still out there and a lot of hard work yet to be done.

    You are involved in research and have authored some extensive research on a variety of topics. How has research work helped you stay updated with the academics as well as policy and legislative changes that we see occur from time to time?

    I think the most important tool in a lawyer’s toolbox is his / her ability to research, read and write. During my time at NALSAR University of Law, while pursuing the masters’ course, I realised that one of the best things one could invest in is books, be it academic or otherwise. This habit of reading will inculcate a life-long habit of curiosity and research.  

    This helped me immensely during my preparation for the coveted Advocate-on-record exam of the Supreme Court of India. Getting admitted is a major achievement as very few lawyers qualify in this annually held examination conducted by the Supreme Court of India.

    In addition, knowing and being abreast of the current position of law gives one confidence in dealing with and correctly advising a client.  

    Further, research methodologies would generally include comparatives analysis of legislation across jurisdictions and critique of legislation and policy prevalent in various jurisdictions. This would in turn give one perspective of laws of developed countries and what legislative changes our country may see. 

    Mr. Sahil Narang, Partner at Khaitan & Co.

    Can you give our readers a brief idea of what they need to prepare for if they want to climb the corporate ladder based on your experience representing international commercial arbitration in a variety of matters?

    There is no shortcut to hard work, perseverance, and commitment. I would add that in the initial years, a young lawyer must remain open to all kinds of work whether he/she chooses to join a law firm, a senior counsel or a chamber practice for his/her training. At a later stage, one may discover their interest in a particular field of law.  

    Further, for one to excel and climb the corporate ladder, it is important to be client-centric, innovative, detail-oriented, and prolific. These virtues will not only make one solution-oriented but also will give them an edge over other contemporaries.

    In the field of arbitration, it is important to refer to commentaries of various celebrated authors on arbitration and keep abreast of recent judgments by the courts.  

    What was the one learning experience throughout your entire career that you’d credit to have shaped your career and brought you to this point?

    My family, I would say has been my greatest motivator, and has shaped my career. Seeing my father practising law at the city civil courts, Abohar, working hard, day in and day out, motivated me at a very young age to work hard and excel in academics. Further, having roots in a very small town has made me grounded but at the same time meaningfully ambitious.

    Can you take us through a typical day in your life? Is it possible to carve out time for your other interests or hobbies given your hectic schedule as a renowned Partner at Khaitan & Co?

    In pre-covid times, most parts of my day were spent either in courts or in office. Substantial time used to be spent commuting from court to office or conferences and venues for arbitration. Travelling used to take a fair share of my time, however, with most courts and tribunals going virtual, I could save a lot of time. Consequently, efficiency increased. During covid times, my day is usually spent on reviewing drafts, attending conference calls with my colleagues in the team, clients, and senior counsel. I also make it a point to read the latest case laws of the Supreme Court and other courts on dispute resolution and arbitration. Even in my hectic schedule, I make it a point to take out time for my family. I love to read books on weekends. My favourite pastime since my college days has been to watch movies in multiplexes and the latest series on OTT platforms. I have recently picked up badminton as a sport and would also like to learn to play the piano soon.  

    What career advice do you have for our readers? In my opinion, to be successful in the field of law one must inculcate a habit of reading at a young age. One thing that has helped me in being thorough in my work is that I read every document in full, irrespective of any preconceived notions. I would advise law students to read, read and read everything you can get your hands on. To put this in perspective, my favourite quote is by Walt Disney- “There is more treasure in books than in all the pirate’s loot on Treasure Island.”

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