Could you share with us the journey of how you ended up pursuing a career in law and specifically in the field of Intellectual Property Rights (IPR)?
Since childhood I aspired to become a lawyer. If I remember correctly, around the age of 14 or 15, I thought it would be most exciting to take up criminal law. Courtesy movies! However, as time progressed, I started taking interest in what my Father did. Having been in the practice of core IPR, my Father, Mr. S Majumdar, set up his firm in Kolkata, under the banner of S Majumdar & Co. at a young age.
Upon completion of my academics and trainings, I joined the firm in 2008 at the Head Office in Kolkata. Initially I focused on trade marks and had the liberty to expand the team, with his unwavering support. In 2011, I shifted to New Delhi to manage operations of the newly setup branch office. Since then, I have been based in New Delhi, with frequent work trips to other offices at Kolkata and Mumbai.
Joining S. Majumdar & Co. in 2008, could you tell us about the initial challenges you faced ?
Challenges are constant and manifold and as a professional, one has to be open to such challenges. In our practice, soon upon joining, I realised that to become a part of the team, I had to be more patient, perhaps because I was required to hear more and make my notes. Complying with internal deadlines was mandatory and it is still so. Therefore, I had to ensure that I complied with the various timelines set for each activity (including meetings, deadlines, other deliverables, or even casual lunch time chats).
But I have realised that it is the initial challenges and how you deal with them which are critical to mould one’s outlook and also equip one to handle further challenges which come with additional responsibility entrusted to you by the firm or the client.
Additionally, the field of IPR, especially litigation in IPR, has its own unique challenges.
With over 15 years of experience in the field of law, could you share some interesting or memorable cases or clients that you’ve worked with?
I take special interest in suits involving civil/criminal raids and each of them become memorable ones. Nevertheless, I can certainly not miss out on mentioning some of the worthy ones.
Around 2009, I was fortunate to have had the opportunity to assist Mr. Majumdar in the first the then Intellectual Property Appellate Board (IPAB) case relating to staying operation of a patent. This was a dual sim mobile case, before the Customs Office, Delhi and the IPAB. In this case, the patentee managed to obtain a frivolous patent in respect of a multiple sim mobile phone. Basis such patent, he approached the Customs office for confiscating all dual sim mobile sets being imported to India by the leading mobile phone manufacturers. Consequently, all such manufacturers had to wait for a decision from the appropriate forum to ensure that such goods could be released and launched in the Indian market. The Indian Cellular Association (ICA) was actively involved in trying to provide relief to all these leading mobile manufacturers.
Back in 2010, I was fortunate to be a part of the first GI litigation in India, concerning Darjeeling tea. The said litigation was initiated by the Tea Board of India against ITC Limited on the basis of their registered GIs including Darjeeling. The matter went on for years and was eventually decided in ITC’s favour. At the SLP stage, the Supreme Court did not get into the merits of the case and the matter was disposed of, with certain directions to the High Court. In fact, the matter was to be decided by the Suit Court (in Calcutta) on the question of law of GI and Certification Trade Mark only, without going into a lengthy trial and examination of documents/ witnesses. The Judgement was pronounced orally by the Hon’ble Justice Sahidullah Munshi on February 2, 2018, dismissing the suit, and the lawsuit was decided in favour of ITC. The Court reiterated the findings of the interlocutory Court. The Court found that the Plaintiff’s registered GI and Certification trademarks are restricted to tea and the protection afforded by the same cannot extend to lounge services. The Court further observed that Tea Board had failed to establish a case of passing, dilution or unfair competition. The Court specifically held that Darjeeling being the name of a place cannot function as a regular trademark, and though Darjeeling may be famous for tea, Tea Board is not entitled to allege that Darjeeling cannot be used by any other traders for their own goods and services for goods/ services, other than tea.
Referring to a couple of the recent decisions, in 2020, I was involved in a copyright infringement case concerning A Sirkar Vs B Sirkar, which was instituted before the Commercial Court, Alipore, Kolkata where about 7 jewelleries were copied in toto by the Defendants. We received favourable orders at all levels and eventually the suit was settled. This case was quite unique and interesting.
In another infringement case, before the Federal Court of Canada, through the local Counsels, we were successful in an infringement suit concerning the well-known trade mark AMUL. Amul was awarded damages of $10,000 for actions contrary to the Trademarks Act, $5000 for actions contrary to the Copyright Act and awarded costs of US$ 17,733, payable by the Defendants.
As an active participant in IPR awareness programs organized by various institutes in India, could you share some insights into the importance of raising awareness about intellectual property rights, especially in today’s digital age?
Raising awareness has always been important considering that IPR is a powerful tool that stimulates innovation and creativity leading to economic development. It is essential that we are conscious of the efforts taken at the stage of innovation and creation, by this I mean is that before any IP is created, one has to ensure that there is no encroachment into the rights of a third party, especially in the digital age where we have access to a lot more content than before. Therefore, on the one hand, it is easy to copy and on the other, it is easy not to copy. For these reasons, awareness is important, especially amongst the younger innovators/creators, irrespective of the domain. Such discussions are always helpful, infact, in the process, we also get to learn so many new things happening around us.
In fact, under the current regime, IPR is of very high importance, and we see a lot more happening in terms of spreading awareness, at all levels.
The field of law, particularly IPR, is constantly evolving. How do you stay up-to-date with the latest developments and trends in the industry to provide the best advice to your clients?
Yes, considering that IPR is constantly evolving, it is important that we are updated with the latest decisions being passed by the various fora and follow various discussions on relevant platforms. Interacting with clients, attending various conferences, including global conferences, are important to help keep one updated with development and trends in the industry as well as the global scenario with respect to IPR. One after all needs to ensure they are able to keep pace with the rapid technological developments and in that context advise clients on the securing and enforcing of IPR.
Recently, on August 5, SILF marked a significant milestone with the virtual inauguration of the SILF ladies group on the occasion of Lady Lawyers Day event. What is the scope of women lawyers in the profession?
Recollecting words of Late Ruth Bader Ginsburg, “women belong in all places where decisions are being made. It shouldn’t be that women are the exception”.
Women possess an innate ability to empathise, communicate and offer solutions to bridge gaps, which could immensely help professionals in the field of law. Always remember, gender shouldn’t be a bar at any point in time considering that we have the same ability to deliver. In any case, irrespective of gender, the profession demands perseverance.
I personally look up to some of the eminent lady Judges and lawyers who have greatly contributed to the profession. I also admire some in-house counsels I have personally worked with, who have been significantly contributing to the growth of the companies with their acumen.
Referring to eminent personalities in the world of IP, Hon’ble Mrs. Justice Prabha Sridevan (Retd) and our current Hon’ble Mrs. Justice Pratibha Singh are great inspirations.
Hon’ble Mrs. Justice Prabha Sridevan (Retd) delivered some pathbreaking judgments during her tenure as the Chairman of the then IPAB.
Hon’ble Mrs. Justice Pratibha Singh, with her extensive experience in IPR, has shown exemplary dedication in her judicial responsibilities. I am sure all IP practitioners acknowledge her untiring contributions to the creation of the IPD in Delhi High Court.
Lastly, with your extensive experience and success in the legal profession, what advice would you like to give to fresh law graduates who are considering a career in IPR?
IPR is vast and therefore, there are several opportunities available for law graduates. In fact, after having completed the IP course at the law school, one should consider IP internships to gather experience and also to see if the subject suits. Subsequently, one may choose a career in between Court and in-house practice.
Please share with us the journey of how you ended up becoming a lawyer? What inspired you to pursue a career in law, and what were the significant milestones along the way?
I believe that my current profession, which is being a lawyer, has chosen me in a way. I did not actively grow up with a strong aspiration to become a lawyer. My father used to emphasize the importance of understanding the laws of the land, which planted a seed of interest in me. This ultimately led me to pursue a double major in Law and Business Studies at the University of Warwick. However, the idea of being a lawyer and going to court every day was not something I had planned for myself.
Despite this, I feel incredibly fortunate to have received mentorship from a young age, from Mr. Arun Jaitley. Fondly referred to as ‘Arun Uncle’, he was a close friend of my father and had a profound impact on my life and maybe somewhere hearing him regale his court antics had a subconscious impact on the choice I ultimately made. Though, I must say that I learnt it is from Mr Jaitley, I learnt the value of conducting oneself with sincerity while interacting with Clients. He always said, “There is no replacement for sincere hard work in the profession!”
You have an impressive work history, with experience in various areas of law, including Supreme Court litigation, arbitrations, and commercial transactions. How did you decide to focus on these particular areas, such as insolvency, competition law, and white-collar crimes?
My journey in the legal profession started out by getting involved with the team that was working on the BMW Sanjeev Nanda Hit and Run appeal in Delhi High Court. Following that, I commenced working with Agarwal Law Associates [‘ALA’] in 2009, where I dedicated a decade of my career until 2019.
During my tenure at ALA, I found myself amidst the unfolding 2G scam, a major controversy at the time. I actively represented the Essar Group and its promoters in this matter. Coincidentally, around the same period, the coal scam was also coming to light, and I got the opportunity to contribute to that case as well. This involvement marked the beginning of my increasing engagement in matters related to white-collar crime.
Since I set up NM Law Chambers with my Partner- Malak M Bhatt, in 2019, there has been vast amounts of work related to white collar crime and insolvency coming our way. Hence, NM Law Chambers is essentially focused on these areas of legal practice.
As I delved deeper into my legal pursuits, I realized an interesting overlap between insolvency and white-collar crime, which subsequently directed my focus toward insolvency matters.
Presently, I consider myself fortunate to collaborate with the Insolvency Law Academy, where I’m actively engaged in working on a research paper pertaining to personal insolvency law in India.
Throughout your career, you’ve represented a diverse range of clients, including prominent companies and individuals. Could you tell us about a particularly challenging or memorable case that you worked on and how it impacted your approach to law?
Each legal case comes with its own unique set of challenges and trials. At that time, the 2G scam stood as one of India’s most significant white collar / commercial crime cases. It reshaped the landscape of bail jurisprudence and required a reevaluation of legal norms.
Likewise, I was involved in an International Arbitration case centered around the complex concept of advance loss of profit. This particular case demanded a high level of dedication and had a steep learning curve due to its intricate nature.
However, one case that will forever hold a special place in my heart is the effort towards decriminalizing homosexuality. I initiated this petition on behalf of my dearest friend, motivated by the power of love. The impact of the resulting judgment on people’s lives was truly profound.
Your work played a crucial role in the challenge to homosexuality laws in India, leading to the decriminalization of homosexuality. Can you share the experience of working on such a groundbreaking case, and what was the most rewarding aspect of being a part of it?
The petition was a laborious endeavor fueled by deep affection. I drafted and filed it on behalf of my childhood friend. However, during the process of having him sign the affidavit, a sense of concern clouded my thoughts.
This worry stemmed from the fact that, at the time of filing the petition, Section 377 of the Indian Penal Code criminalized even consensual relationships between homosexual individuals. Essentially, I was seeking his endorsement on an affidavit that essentially labeled him as a criminal. This apprehension unsettled me.
Despite my concerns, we proceeded with the filing, and as they say, the rest is history! The most gratifying element of our triumph was the outpouring of tears of happiness that filled the courtroom that day. I bore witness to countless individuals, many of whom I had never met before, stepping forward to convey their elation and gratitude. This experience was truly humbling and served as a poignant reminder that actions undertaken for the sake of love, guided by love, hold the potential for tremendous impact.
You have received recognition and awards for your contributions to the legal field, such as the Forbes ‘Tycoons of Tomorrow’ Award and being featured in the ‘Forbes Powerlist 2021′ and BW Legalworld’s ’40 under 40’ Elite Lawyers. How do you stay motivated and focused on achieving excellence in your work?
The transition from motivation to discipline is a straightforward one. When motivation wanes, discipline becomes the driving force. Personally, I find a sense of satisfaction in adhering to discipline and staying devoted to my commitments.
Recognizing the profound impact our work as lawyers can have on individuals’ lives and freedom, I understand the paramount importance of responsibility in our profession.
Hence, it’s the combination of my innate dedication and the weight of responsibility that serves as the anchor keeping me rooted and concentrated on my path.
Over the years, you have worked with various high-profile clients and handled complex legal matters. What are some of the essential skills and qualities that you believe have been critical to your success as a lawyer?
In my genuine perspective, individuals seldom seek the services of lawyers or doctors willingly and by preference. Their circumstances, often far from favourable, compel them to approach professionals in these fields. Therefore, our role as lawyers (or doctors) is to respond with empathy and compassion, striving to alleviate some of the burdens that accompany their difficult journey.
My approach centers on treating clients with understanding and warmth, aiming to offer them a measure of comfort along their challenging path. This approach serves as the core of my practice, and from there, positive outcomes tend to naturally unfold.
You have experience advising clients in media/TV show productions and commercial transactions. How does your legal background come into play when dealing with such business-related matters, and what challenges do you often face in these areas?
Recognizing the significance of an interconnected legal framework is crucial. Rather than existing in isolation, the law and its concepts should serve as tools to support individuals and enterprises. The initial step involves comprehending and appraising the practical realities of commerce, and subsequently aligning legal elements with those realities. Through experience accrued over time, professionals acquire the acumen to discern which strategies are viable within comparable factual contexts.
The real challenge emerges in persuading clients to remain open-minded and flexible. Encouraging them to eschew rigid expectations and steadfastly held positions can be demanding, particularly when they are fixated on specific outcomes or contractual terms.
As a founding partner at NM Law Chambers, you are responsible for managing and leading a team. What advice do you have for young lawyers aspiring to become partners and leaders in their respective law firms or legal practices?
Your effectiveness is inherently tied to the quality of your team. They constitute the bedrock of your efforts. Thus, it becomes crucial to provide feedback and actively invest in their growth and development.
In addition, it’s imperative to define your personal work ethic and values, and then steadfastly adhere to them.
Personally, I prioritize responsibility and responsiveness towards my clients. Likewise, at NM LAW CHAMBERS, our emphasis lies in delivering optimal performance, focusing on
efficiency and effectiveness. Rather than fixating on monetary gains, we view them as a natural outcome of the dedicated work we undertake.
Throughout your career, you’ve witnessed the legal landscape evolve and change. How do you keep up with the latest developments in law and ensure that your legal knowledge remains up-to-date?
Read. Read. Read. Read.
There is no shortcut to that.
As someone with vast experience in the legal profession, what advice would you like to give to fresh law graduates who are just starting their careers in the field of law? What key principles or lessons have you learned that you believe could benefit them as they embark on their own journeys in the legal world?
1. Knowledge is power
2. Don’t just work hard but work smart!
3. Time management is a valuable life skill and the faster one learns how to manage their time, the happier one will be.
4. Happiness is a choice, we will make everyday
5. Define your own success. You cannot define your success by someone else’s parameters or lens!
6. Take time out for yourself- most important. Do something small everyday that is just for you. Be it a workout or play a sport or read for leisure. Me time is essential.
7. Family and friends are your life support system. Give them the priority they deserve.
8. Lastly, trust the process. Life always has a larger plan for all of us.
Can you share with us how you became interested in pursuing a career in law and what motivated you to specialize in litigation?
From my childhood itself, i have looked up to lawyers and the way they represent the destitute and the needy. that they are the Voice for the Voiceless, and it always intrigued me to see the process of Justice being administered in various Courts of law. I was always interested in various aspects of Law, and later on, during my studies of Political Sciences and law, i became more passionate about the same.
As a qualified lawyer and legal practitioner, you’ve had the opportunity to represent litigants in various courts and tribunals, including the Supreme Court of India. Could you tell us about one of your most challenging or significant cases and the impact it had?
Every case is a challenge and is a frontier to test new boundaries and arenas of law. But some of the most perplexing of cases have been the Public Interest Litigations with which I have been involved on ‘hate-speech’, CAA-NRC, Foreigners detention Laws, Conversion cases, Hijab ban, et al. These have been cases where not only the matter is to be handled inside Court, but also the challenge lies in containing various aspects of the case, outside the Court as well, in that dealing with public anxiety and conscience has definitely been a most daunting and uphill task
Your expertise spans across a wide range of legal areas, such as corporate and commercial matters, taxation, real estate, family laws, women’s rights, intellectual property, and more. How do you manage to stay updated and proficient in such diverse fields?
I’ve been an avid reader, and I try to stay updated with various legal events. Not only do Journal and Reports provide you various insights, but the fact that they are available on a digital platform, makes it easier to learn the nuances of the trade. Moreover, if your a patient listener, many a times, it’s the Client which gives you keen insight into the case.
In addition to your litigation practice, you also work as a legal consultant to the Indian Statistical Institute, Delhi Center. Could you share some insights into your role and the type of legal issues you handle in that capacity?
It’s been a privilege being associated with Indian Statistical Institute, Delhi Center. It has led to a more fulfilling experience in terms of diverse kinds of legal problems with which the Institute has had to grapple with including for that matter it being an Institute of academic importance. Vetting Contracts involving international grants and funding can be a tricky piece of legal advice where you do not want the Institute to suffer, and at the same time, maintain an amiable atmosphere for academicians and staff.
You have been empanelled with various state governments and government bodies, including the State of West Bengal and the High Court of West Bengal. How did you establish these professional relationships, and what are some key responsibilities that come with being empanelled?
I have had the fortune of being associated with a Chamber cum office of the Late G.S. Chatterjee, and subsequently, Mr. Raja Chatterjee, who’ve been always represented and worked with and for these and other numerous States, and Bodies thereunder. It is indeed challenging to defend Government Policy, and stance, particularly, like that of West Bengal, which could be at a difference with the Center. But then such is the beauty of the Federation that we are, and such are the peculiar workings of the great Nation that we are part of.
As a representative for public sector units (PSUs) like GAIL and NAFED, you have experience in arbitration matters and representing clients before specialized bodies like the Debt Recovery Tribunal (DRT) and the Debt Recovery Appellate Tribunal (DRAT). Could you discuss some of the unique challenges and strategies involved in these types of cases?
The DRT and DRAT are the protectorate of “public money”. And if you are a defaulter the noose tightens. But yes, if you can explore alternative ways to resolve disputes, and be creative in seeking redressals, both sides stand to gain.
Apart from your professional work, you have also dedicated your time to social causes and volunteered for various social organizations. How do you balance your legal practice with your commitment to these important causes, and how do they complement each other?
I believe, the practice of law is very deep rooted with our society and social leanings and learnings. During my college days, I was a peer-ed with NAZ Foundation, and was trained as an educator to educate fellow friends and students on HIV and AIDS. By being associated with such concerns, it has given my practice a social side which helps me better understand various social issues and their implications.
Finally, based on your vast experience and knowledge, what advice would you give to fresh law graduates who are about to embark on their legal careers? Are there any particular skills or areas of focus you would recommend they develop to succeed in the field?
Keep your Mind Open ! You probably learned something today, but that doesn’t mean you cannot learn better, or rather unlearn tomorrow. Decide if possible which area of law you wish to pursue, and then start taking measures to achieve that by equipping yourself with the skills required. It’s these ripples which cause waves later on !
To start the conversation, can you tell us about your journey in the field of law? How did you end up pursuing a career in law, and what motivated you to specialize in business law?
Law fascinated me when I was preparing to give the entrance exam in NLSIU, though I did not clear it I made my decision that I would study law. As far as Business Laws I felt that with changing times where law was not confined to the traditional boundaries and the need for specialization in the areas of commercial and corporate laws a specialization would become helpful.
Could you share your experience of practicing law in the District Courts, Magistrate Courts, and tribunals in Bangalore? What kind of cases did you handle during that time?
I was fortunate enough to start my practice in a office which had plenty of work in the District Courts, Magistrate Court, and tribunals everyday because of which I could work on civil cases relating to property, intellectual property, arbitration, matrimonial cases, service matters, land revenue, Cheque bounce, Domestic Violence, 498A and much more.
You mentioned being appointed as a court commissioner by the High Court in a property dispute. Can you tell us more about that experience and the significance of the case?
It was an interesting case relating to a property dispute of a joint family where litigation was pending between the parties for several years. Justice Aravind Kumar in High Court was the judge(presently sitting judge of Supreme Court) wanted to bring quietus to the issue through settlement for which parties had agreed, however since some of the parties were not educated there was an apprehension regarding the consent of all parties to the settlement. Justice Aravind Kumar therefore passed an order for appointing a court commissioner to resolve the issue and I who was regularly attending his court at that time got the opportunity to become the Court Commissioner in that matter, pursuant to which I personally visited the parties prepared a report and submitted it to court which was accepted and the litigation was brought to an end.
In December 2012, you shifted to Delhi and began practicing in the Supreme Court of India. How was the transition from practicing in Karnataka High Court to the Supreme Court? What kind of cases did you handle in the Supreme Court?
It was a totally different experience altogether to start practicing in the Supreme Court having practiced in the High Court as the time to address the arguments before the Supreme Court is short as compared to the High Court and the preparation of the draft has to be more meticulous in Supreme Court.
In the Supreme Court I have handled different cases pertaining to Constitution, Civil and Criminal matters.
Can you share some notable achievements or reported judgments where you have appeared and argued, both in the Supreme Court and other courts?
As my work has been predominantly in the Supreme Court in my career, I have appeared in important cases of constitutional importance such as Sabarimala, Article 370. That apart some of the cases where I have argued the judgments got reported, but the landmark of mine would be Manoj Suresh Jadhav vs. State of Maharashtra (2019) 17 SCC 362- This is the first case where Supreme Court held that a person cannot be re-arrested post grant of bail merely on the fact that an additional offence has been added.
As an advocate on record in the Supreme Court, what are some of the most challenging cases you have worked on? How did you approach those cases, and what were the outcomes?
There are many cases which turn out to be challenging especially the ones where there’s an extreme urgency and burn the midnight oil to draft the case get it filed in the morning and mention it in the morning and get it listed the next day, that apart the cases in which the client has lost in all the courts up till the Supreme Court is more challenging as the odds are stacked against your client and it’s always a tough task in convincing the Supreme Court in such type of cases.
Apart from your legal practice, you mentioned being involved with an NGO working on women’s rights and causes. Could you tell us more about your work in that area and why it is important to you?
I am associated with an NGO working on women’s rights and causes called Chetana Conscience of Women. Being associated with it, I opine that a lot of women in this country are not aware of their basic legal rights and what was so impressive about them is their cause was towards financial improvement of women by focusing on their property rights.
With over 14 years of experience in the legal profession, what advice would you give to fresh law graduates who are just starting their careers? What key lessons have you learned along the way that you would like to share with them?
I don’t know whether I am worthy enough of advising, but based on my experience especially as a first gen advocate I would like to say that in this profession sustaining oneself in the initial years of the profession is the most difficult part and it takes courage, consistent efforts and patience to sustain oneself. Post that phase, achievements turn out to be much easier.
Ma’am to start this conversation , could you please tell us about how you ended up pursuing law and becoming a senior advocate in the Supreme Court of India? What inspired you to choose this path ?
Well to begin with, during my school days, my academic strength in subjects related to social science, played a significant role in my fondness towards law. To add to this , later on in my career , my interest in law was sparked again while I was preparing for the Civil Services Exam right after my graduation. I believe my familiarity with these subjects provided me with a strong foundation. During my preparation for the Civil Services Exam , I encountered various legal issues, and this too fascinated me with the intricate legal system of India and the role it played/has been playing in shaping the country’s political and social landscape.
I got lucky with the internships and opportunities that I was able to find, these not only helped me develop my knowledge but also helped me with my analytical and argumentative skills.
Thereafter I worked hard to establish myself as a competent and dedicated lawyer, and eventually my efforts paid off when I was introduced to the Supreme Court of India.
I also believe that having a role model is essential for success in any profession, and I look up to many stalwarts of the legal fraternity as my own role models. Individuals like Honourable CJI DY Chandrachud Sir , Former ASG Aman Lekhi Sir , my mentor, my guru, Sr Adv Harish Salve Sir, and Sr Adv Kapil Sibal Sir have made significant contributions to the legal profession, and I admire their expertise and insights.
These things have sort of persuaded me to pursue a fascinating career in law and I am really looking forward to being one of the facets of the custodian of Law.
You have worked on several high-profile cases at the Supreme Court of India , Can you share with us one case that you found particularly challenging or interesting , Why?
Out of all the matters that I was/am a part of , I believe the matter quoted as Lysosomal Storage Disorders Vs State of Karnataka Union of India stood apart and holds a special mention here , It was challenging as well as interesting for me to deep into the intricacies of the case. Also because it dealt with one of the rarest diseases that one can get , especially In a Country like India where even basic health facilities/amenities are difficult to find under right to life , at the same time there’s so much of chaos between govt and society where horizon of right to life is overlooked; The treatment of such disease require huge amount ; The Govt at one end in its response can’t aid every single case (LSD case) regularly; On the other hand – Concept of Distributive Justice git highlighted in the above case.
Your work involves coordinating with various law enforcement agencies and government ministries. How do you ensure that you remain impartial and unbiased in your work despite working closely with these organizations?
In the context of an advocate , Impartiality stresses on the absence of favor or prejudice , at the same time unbiased favor implies even more strongly on the absence of all kinds of prejudice. It is essential for advocates to prioritize the principles of justice and fairness to uphold the integrity of the legal profession.
Well I take a lot from “The Nolan committee” that promotes Seven Principles of Public Life that serve as Guide for civil servants of Public life- Selflessness , Objectivity , Integrity , Honesty , Leadership , Openness , Accountability.
If you inculcate all these things , you will tend to serve the purpose .
In your opinion, what are some of the biggest challenges facing the legal profession in India today, and how do you see them being addressed in the future?
Well there are many to list but few of the significant challenges that the legal system face:
a)Competency of Law graduates/ Lawyers -The quality of legal education in India is another challenge. It is crucial to focus on enhancing the curriculum, promoting experiential learning, and ensuring that law schools produce competent and skilled professionals.
b)Access to Justice for underprivileged- Access to justice remains a challenge, particularly for marginalized and underprivileged communities
c)No of cases pending (backlog cases)
d)Technological Advancements ( Courtesy COVID we have been able to add to this )
e) Legal Reforms
f) Ethics and Professionalism
Majority of these challenges can be addressed or rather are being addressed by taking adequate steps for example Intro of e-filing , e-courts , case management systems , spreading awareness among underprivileged , a lot of initiatives are also being taken by the Ministry of Law and Justice. Out of all these challenges , I strongly believe that upholding high ethical standards and professionalism is extremely vital while exercising our duties ; We as stakeholders need to set value enriched path or legacy rather for all our subordinates ; Addressing these challenges requires a collaborative effort from various stakeholders, including legal professionals, policymakers, educational institutions, and the judiciary.
Lastly, what advice would you give to aspiring lawyers who want to make a difference in society and pursue a career in public interest law?
Well to all those young and aspiring lawyers especially who don’t come from the legal background , I would advise them to take keen interest in the legal happenings and the working system of the courts from their initial college days , even if they don’t want to get into litigation.
To all those who see themselves in Litigation :
Read as many case- laws as possible, target your years right after your college , look for opportunities available at the offices of Senior Advocates. This is a profession that requires a mentor / guru in order to help you get exposure.
I would recommend them to start taking pro- bono matters , this will not only help to boost your confidence but will also help in understanding the nitty gritties of the legal profession.
Legal Profession is just like any fine bottle of old wine , the more years of experience you get, the better you will become.
Please tell us about your journey and how you ended up pursuing a career in law?
I am a classic example of the profession finding a person rather than a person actively seeking it out. In 1996, I found myself enrolling at ILS Law College in Pune, not because I had a deep understanding of the legal field or a predetermined plan, but simply because my elder sister was studying law. Little did I know that this seemingly serendipitous decision would set the stage for a remarkable journey.
It was on the first day of my professional life, while working at Hindustan Lever (now Hindustan Unilever), that I experienced a moment of clarity. A senior colleague posed a legal question to me, and as I drew upon my foundational knowledge and connected the dots to provide a meaningful answer, I felt a surge of excitement. It was in that moment that I discovered the exhilaration of applying legal theory to real-world situations.
Since that interesting moment, my journey as a lawyer has been a whirlwind of excitement and fulfilment. Each day presents new challenges, intriguing legal matters, and the opportunity to make a positive impact on the lives of others. Guiding individuals through complex legal cases and providing advisory services has allowed me to contribute to their well-being and shape their future.
Not only that, but I’ve also had the opportunity to shape corporate decision-making, influence individual choices, and even participate in national-level policymaking. Being able to play a role in these important spheres has been truly rewarding.
Reflecting on my journey, I carry a unique perspective as someone who ventured into this field without familial connections or a predetermined path. This perspective, shaped by my experiences, adds a fresh and diverse outlook to my approach as a lawyer.
You have an impressive educational background, including a Bachelor of Civil Law from the University of Oxford. How did this experience shape your career and expertise in the field of law?
My experience studying at Oxford was a transformative journey that taught me important life lessons. When it comes to pursuing education at premier institutions like Oxford, discipline becomes a cornerstone. You’ll find yourself balancing coursework, social activities, extracurriculars, and taking care of your well-being all at once. It may seem overwhelming, but remember, these aspects are interconnected. Embrace the challenge and learn to manage your time effectively. Pay attention to every detail, develop a keen eye, and engage actively in class discussions. This discipline will serve you well beyond your academic pursuits.
Another crucial quality to cultivate is perseverance. The courses, especially the rigorous BCL program, demand unwavering commitment. It’s easy to feel overwhelmed but keep pushing forward. Develop a resilient attitude and maintain a strong sense of determination. Remember, progress requires persistence. The ability to persevere through difficult times will not only benefit your academic journey but also prove invaluable in your future endeavours.
Studying at esteemed institutions like Oxford goes beyond academic knowledge. It fosters adaptability, a skill that will serve you in any profession or sphere of life. You’ll gain a broader understanding of the world and its inner workings, expanding your perspectives and enhancing your problem-solving abilities.
While some may be enticed by tangible benefits such as placements at prestigious law firms, it’s essential to stay true to your aspirations. If your goal, like mine, is to litigate at a specific court, prioritize your path accordingly. Focus on developing the discipline to handle complex cases, irrespective of their scale, and pay meticulous attention to detail. This dedication will build the foundation for a successful and impactful career.
Finally, cherish the opportunities to learn from renowned experts. I was fortunate enough to study competition law under a world-renowned master. The knowledge I gained at Oxford empowered me to apply my skills to real-world cases in the field of competition law. Embrace such opportunities, as they can truly shape your professional trajectory.
Remember, the journey of studying at a premier institution like Oxford offers far more than academic excellence. It imparts essential qualities such as discipline, perseverance, adaptability, and a global perspective. Embrace these qualities, remain true to your aspirations, and seize every opportunity for growth and impact.
As an Advocate on Record at the Supreme Court of India, could you share some insights into the nature of your work and the responsibilities that come with this position?
When assuming the role of an Advocate on Record (AOR) at the Supreme Court, it is crucial to understand the immense responsibility that accompanies it. As an AOR, one must develop strong shoulders to bear this weight of responsibility. Simultaneously, this role helps in advancing one’s legal practice and opens up various opportunities for professional growth and recognition. By shouldering this weight of responsibility, AORs can expand their horizons, gain access to challenging cases, and establish themselves as reputable advocates in the legal fraternity.
One of the primary responsibilities is drafting meticulous pleadings to be filed before the Supreme Court. It is essential to ensure fairness in practice, both towards opposing AORs and counsel, as well as towards the Court and the Registry. Care must be taken not to sign any Special Leave Petition (SLP) or other proceedings in a careless manner. Thorough research of the law is necessary, along with the duty to assist the Court in shaping and developing legal principles. It is important to distil the facts from lower courts and present them clearly and concisely in the pleadings. Remember, written advocacy is just as crucial as oral arguments.
Being an AOR requires long hours of dedicated work. One must have a deep understanding of the facts and present them before the court in a concise manner. It’s important to note that courts usually rely on what is presented before them, whether it is spoken or in writing. Losing the confidence of the court is something every professional wants to avoid.
In simple terms, an AOR is the master of their clients’ cases before the Supreme Court. In situations where the engaged counsel may face difficulties, the AOR must be fully prepared to continue with the matter. Being an AOR is not solely about signing and filing the Vakalatnama, but instead taking full ownership and responsibility for the cases at hand.
With over 22 years of experience in corporate and commercial laws, energy law, infrastructure, and more, what are some of the most interesting cases or projects you have worked on throughout your career?
Over the years I’ve learned that every case is interesting and carries significant importance for the client, regardless of its size or the client’s profile. However, here are some of the many immemorable cases I fought.
Imagine being entrusted with a case early in your career where a client was accused of stealing highly confidential information from their employer. The stakes were sky-high, with damages claimed at a staggering Rs. 1,200 Crores. It was like diving into an intense legal thriller, crafting a compelling defence strategy, and manoeuvring through the twists and turns of the legal battlefield. Witnessing our strategy unfold successfully and delivering a resounding victory was an exhilarating experience.
In another captivating case, I found myself challenging the dominance of a corporate giant, Coal India. The case involved allegations of abuse of power, and the monetary implications were substantial. It was like stepping into the shoes of a legal protagonist, meticulously preparing our arguments, and presenting our case before the Competition Commission of India. I am happy to say that we secured a favourable order.
But it’s not just about the big cases with large financial stakes. Some of the most fascinating moments in my career have emerged from seemingly modest matters. I vividly recall representing a co-generation power producer, fighting to establish fair tariffs, and navigating the complex regulatory landscape. This journey opened my eyes to the intricate technicalities of the power industry and led to a landmark decision that not only shaped policy but also brought about a tangible positive change.
There have been heart-touching encounters in the courtroom where I’ve stood up for ship crews abandoned by their owners. These were stories of resilience and compassion, as we fought to secure their rights and bring them back home. The feeling of making a difference in their lives was immeasurable, and it reminded me of the power of the law to protect the vulnerable.
These anecdotes provide a glimpse into the exciting world of the legal profession, where every case is a story waiting to unfold. I believe in combining my legal expertise with a deep sense of empathy and determination to seek justice.
You have extensive experience in international Arbitrations. Can you provide some examples of the types of arbitration cases you have been involved in, particularly in the areas of EPC projects, energy projects, and shipping?
Here are some examples of the types of arbitration cases I have been involved in, particularly in the areas of EPC projects, energy projects, and shipping:
I have represented clients in an arbitration case before the Singapore International Arbitration Centre (SIAC) involving a claim related to the design of an engineering product. The dispute centred around issues of design defects, performance, and contractual obligations.
In a domestic arbitration matter, I handled a case concerning a power plant construction project. The dispute revolved around delays in the project, resulting in significant damages. My role involved analysing project management issues, contract interpretation, and assessing damages for the delayed completion.
I have been involved in several domestic commercial recovery arbitrations. These cases typically involved disputes between commercial entities seeking to recover financial losses or damages due to breaches of contract, non-payment, or other contractual disputes.
One of the cases I worked on involved the construction of a crane, where issues of alleged design flaws and delays were at the forefront. I focused on establishing liability for the delay damages and quantifying the losses suffered by the client.
In another arbitration case, I handled delays and damages in an HVAC (Heating, Ventilation, and Air Conditioning) project. This dispute required a thorough analysis of project scheduling, performance issues, and assessing damages resulting from the delays.
I also handled an arbitration case related to an EPC project involving the design and construction of a road tunnel and highway. The dispute centred around design issues and delays, and my role involved establishing liability for the delays and quantifying the resulting damages.
In the shipping industry, I represented clients in arbitration matters, including a case involving a dispute regarding the rescue of a crew at sea. This case required an understanding of maritime law, contractual obligations, and assessing damages for the rescue operation.
I have been involved in multiple tariff and regulatory issues concerning power projects, including those involving different sources and capacities. These cases have encompassed a range of issues, such as contract disputes, performance evaluation, and assessing damages in relation to power generation and distribution.
Additionally, I have handled arbitration matters involving disputes related to confidential information. These cases involved protecting sensitive information, analysing confidentiality agreements, and resolving disputes arising from the unauthorized disclosure or misuse of confidential data.
In addition to your legal practice, you have also served as a former Standing Counsel for the State of Uttar Pradesh to the Supreme Court of India and a Law Officer at Hindustan Unilever Limited. How have these roles contributed to your overall professional growth and expertise?
Throughout my professional journey, I have had the privilege of serving in two distinct roles that have significantly contributed to my overall growth and expertise. Firstly, as a Law Officer at Hindustan Unilever Limited (HUL), I had the unique opportunity to learn how to balance the legal requirements of the business with its commercial needs. In this role, I got the opportunity to be involved in conducting legal research, supporting compliance efforts, being in the field with business functions to understand how the company’s business is conducted, being involved in court cases, and assisting in contract review and drafting.
Working with the government and representing it before the Supreme Court of India was another invaluable experience. This role provided me with the platform to present the government’s perspective in court and advocate for its policies. It gave me the chance to dispel misconceptions and demonstrate that the government is not solely focused on wrongdoing but rather strives for the welfare of its citizens. In this role, I was involved in a diverse range of cases, covering a wide spectrum of legal areas. From matters related to irrigation policy, bail applications, and shareholding issues of government enterprises, to constitutional validity challenges against regulations and policies, I gained exposure to a myriad of legal scenarios.
These experiences have instilled in me an important attitude that one cannot afford to be overly technical while advising clients. As lawyers, we must always consider the practical aspects and implications of our legal counsel. Both my roles taught me the significance of understanding the business and governmental context in which legal advice is sought. By bridging the gap between theoretical legal knowledge and real-world applications, I was able to provide comprehensive and practical guidance to my clients.
These roles have allowed me to develop a well-rounded skill set, encompassing a balance between legal considerations and commercial realities, as well as a deep understanding of governmental policies and their implications. I am confident that the diverse range of cases and the holistic approach I have cultivated will continue to contribute significantly to my future endeavours in the legal profession.
Considering your diverse areas of expertise, what advice would you give to aspiring lawyers who are interested in specializing in areas such as arbitration, energy law, or competition law?
If you’re a budding lawyer with a keen interest in specializing in areas like arbitration, energy law, or competition law, here’s some valuable advice for you. Instead of locking yourself into a specific specialization early on, give yourself room to explore different areas of law. Take up diverse opportunities and get a taste of various practice areas. This will give you a broader understanding of the legal world and help you figure out what truly grabs your attention. Keeping an open mind during this exploration phase will allow you to make a well-informed decision when the time comes to choose your specialization.
While theoretical knowledge is important, lack of practical experience is the real deal-breaker. It’s not just about what you learn in textbooks or lectures; it’s about getting your hands dirty in the real world of law. Seek out internships, clerkships, or part-time positions that allow you to roll up your sleeves and immerse yourself in the practical aspects of arbitration, energy law, or competition law. By diving into real-world cases and projects, you’ll gain first-hand experience and discover whether these specialized areas truly resonate with you.
When it comes to choosing your specialization, trust your gut and follow your passion. Think about the areas of law that excite you the most. Consider the kind of impact you want to make and the issues that genuinely ignite your curiosity. Whether it’s fighting for fair resolutions through arbitration, delving into the complexities of energy law, or ensuring a level playing field in the marketplace, pick a specialization that aligns with your authentic interests and values.
Remember, every field of law has its own unique opportunities and challenges. By exploring different practice areas, gaining practical experience, and staying true to your passions, you’ll be well-prepared to make an informed decision about specializing in any field.
In your opinion, what are some of the key challenges that the legal profession faces today, and how can young lawyers navigate these challenges effectively?
One of the significant challenges that young lawyers and even experienced lawyers often face is the collection of fees for their legal services. This issue can have a profound impact on their professional and personal lives. However, they are generally discussed behind closed doors due to the attached stigma. Fee collection can be a complex and time-consuming process, leading to financial strain and affecting their mental well-being.
Many lawyers find themselves grappling with the task of chasing down payments from clients. This can involve spending valuable time and resources in follow-ups and negotiations, which can be frustrating and demanding. Furthermore, some clients may be reluctant or unable to pay, resulting in additional complications and financial instability for the lawyer.
In fact, understanding the importance of addressing this challenge, I have taken the initiative to create awareness and find solutions for effective fee collection. I have started a campaign or movement that aims to shed light on the significance of timely and transparent fee collection in the legal profession. By fostering open discussions and providing a platform for fellow professionals to share their experiences and concerns, we strive to create a supportive environment within the legal community.
Another significant challenge is the misconception that a deep understanding of the law alone is sufficient for being a successful lawyer. While legal knowledge is essential, practical advocacy skills require a blend of psychological intelligence, creativity, and real-world experience. Many young lawyers are initially shocked by the harsh practical reality, which may lead to feelings of dejection. However, it is crucial for them to embrace these challenges as opportunities for growth, understanding that trial and error is a valuable part of the learning process. Letting go of the mentality of striving for perfection or the typical topper syndrome is essential. Young lawyers should focus on continuous improvement and be willing to learn from their experiences.
With the constantly evolving legal landscape, particularly in areas such as data protection laws and competition law, how do you stay updated with the latest developments and ensure that your expertise remains relevant?
When it comes to staying updated with the constantly evolving legal landscape, in any field I believe the following helps:
Stay informed through extensive reading: Develop a habit of reading extensively, including legal journals, blogs, and other relevant resources. The more you read, the better equipped you’ll be to understand the latest developments and gain valuable insights.
Engage in discussions: Seek opportunities to engage with like-minded individuals. Participate in discussions with such people. Never shy away from clearing doubts and seeking clarification from experienced professionals in the field. Engaging in discussions and networking with like-minded individuals will further enhance your understanding and broaden your perspective.
Embrace continuous learning: Treat learning as an ongoing process. Attend conferences, seminars, and workshops to learn from industry leaders and gain insights into emerging trends, case studies, and practical applications.
Harness online resources: Take advantage of the digital world. Explore online legal databases, research portals, and reputable websites that provide real-time updates and relevant insights. These resources are easily accessible and can provide you with a wealth of information to stay current.
Finally, looking back at your successful career, what are some of the personal values or principles that have guided you along the way, and how have they influenced your approach to practicing law?
When reflecting on my fulfilling career, I attribute much of it to the personal values and principles that have guided me along the way. These principles have shaped my approach to practicing law, and I believe they can be beneficial to aspiring lawyers as well.
First and foremost, I have always embraced the power of grit and a strong work ethic. These qualities have been the driving force behind my actions, allowing me to overcome challenges and persevere in the face of adversity. As a first-generation lawyer, I learned early on the importance of hard work and determination in carving my own path.
Integrity is another principle that has been central to my practice. I firmly believe in keeping my integrity on track, as it serves as the foundation for trust and credibility. Integrity; like salt, may not always be noticed when it is present, but its absence will undoubtedly be discussed. By upholding the highest ethical standards, I have built lasting relationships with clients and colleagues based on trust and respect.
Persistence and self-belief have also played a significant role in my journey. There have been moments when the results of my efforts were not immediately evident. But by maintaining persistence and a thirst for self-improvement, we can achieve remarkable growth and reach new heights.
Believing in oneself and having confidence is key to thriving in the legal profession. While external validation may offer a temporary boost, true success comes from within. Treating each matter with due diligence, regardless of its size, and keeping the clients’ best interests in mind have been guiding principles for me. Recognizing the impact of a case on the lives of those involved allows me to approach each situation with the necessary care and dedication.
As a first-generation lawyer, I have learned to view competition as an opportunity for growth rather than a threat. I have studied the positive attributes of talented individuals in my field and used them as inspiration to enhance my skills. I firmly believe that there is always room at the top of the pyramid for those who dare to dream big. Breaking through glass ceilings and challenging perceived limitations is not only possible but necessary for personal and professional advancement.
As you embark on your own journey in the legal profession, particularly as a first-generation lawyer, my advice to you is to embrace these principles. Let grit, integrity, persistence, self-belief, and a healthy approach to competition guide your path. And remember, as a first-generation lawyer, you possess a unique perspective and strength that can drive you to excel. By incorporating these values into your practice, you will not only achieve success, but you will also make a lasting impact in the lives of your clients and contribute to the advancement of the legal field.
With your wide range of practice areas, could you share with us how you developed such a diverse expertise in the field of law?
I have been practicing as a litigating lawyer for just over 10 years now before the High court and National Company Law Tribunal and also International and Domestic Arbitration. I also do general corporate practice, as my firm is an authorized partner with Ras Al Khaimah Economic Zone Authority (RAKEZ) assisting companies to set up businesses in Emirate of Ras Al Khaimah. When you are in litigation, it is very difficult to build an exclusive specialized practice from the start and it is equally very important, initially, to accept briefs or assignments in all areas of law, as it would also increase one’s horizon of knowledge and experience, which is a valuable asset. The practice at the High Court, generally involves knowledge of multiple enactments. One day you are advising and drafting a petition for interim measure in an international commercial arbitration for a client in Singapore and the next day you are representing a farmer from a remote village to obtain his just compensation in a land acquisition process from the government and the day after that you are representing a government employee in a service matter before the High Court or assisting a company to set up their business in Ras Al Khaimah. I had also advised Insurance Regulatory Development Authority on the draft of their health insurance regulations, which gave me an insight into manner of drafting of subordinate legislation and policy. I believe as a lawyer, one should be able to any do any kind of work that the client has a requirement with initially and it is only in the later years, the market will decide one’s area of specialization. When you accept a variety of briefs, the word of mouth spreads about your competence. With the result and partly due to COVID and use of technology, I have business houses calling from remote parts of Maharashtra, Chattisgarh and West Bengal for advise on their commercial transactions and potential disputes.
You have specialized in domestic and international commercial arbitration and insolvency and bankruptcy law. What drew you to these particular areas of law, and what experiences or cases have had the greatest impact on your career in these fields?
My specialization in LLM program at Cambridge was in the field of International Dispute Settlement and International Commercial Litigation. Legal certainty and predictability is very important in commercial disputes, which enables businesses to make sound and informed decisions. Time is money for any business. The object of any commercial litigation is not to be to litigate and spend valuable resources on litigation but to find a way to amicably settle the dispute. It saves great amount of time and money for small and medium businesses. It is always exciting to strategize in commercial disputes as there can never be a one-stop solution for all commercial disputes. Each case is different. That is one of the exciting aspects of commercial disputes.
Initially in my career, it was very heartening to see some small scale business owner trying to enforce his contractual rights against large corporations, as it would be a make or break situation for the small scale business and the survival depends on payments which are yet forthcoming from large businesses. Such cases give confidence and purpose to what I do. Over the years, as one’s visibility and ability to perform increases, the larger corporations also engage you in one of their disputes, perhaps keeping in mind your representations and arguments in a previous matter for small scale business owner.
Could you tell us more about your time at Cambridge and how it shaped your career path?
My time at Cambridge was one of the most memorable time of my life, which was enriching academically and was also a stepping stone for further opportunities. My specialization was in the field of International Dispute Settlement and International Commercial Litigation and Law of World Trade Organization. The academic environment created in Cambridge automatically propels one to perform. I was fortunate to complete my thesis in Investment Arbitration under the supervision of late Professor James Crawford, Former Judge of the International Court of Justice and secure first class in the thesis. The interactions and discussions I had with him are now part of my cherished memories. Thereafter, I also had an opportunity to assist Prof Peter Van Dan Bossche, Former Member, Appellate Body Secretariat, WTO in the drafting and research of the TRIPS Chapter of his book ‘Law and Policy of the World Trade Organization: Texts, Cases and Materials’. These little opportunities propelled my career path towards international arbitration or secure an internship with the WTO Appellate Body Secretariat.
From your advocacy and advisory work to your internships at the World Trade Organization and Debevoise and Plimpton LLP in London, could you share some notable experiences or cases that have helped shape your approach to law?
During my internship experience at the Appellate Body Secretariat, WTO, Geneva, I got first hand experience of how laws applied at an international level and how a member’s view or perspective has the effect on a ruling and how geo-politics also has an effect on how cases are viewed by members. The AB Secretariat is assisted by several dispute settlement lawyers who assist the AB in preparation and research of the AB reports in the cases brought to it by member states. In one such issue, the issue was whose appeal is to be numbered first, if the appeals are filed on the same day. The nations at issue were two large economies of the world, one democratic and the other non-democratic. The representatives of both nations were at logger heads as to their appeal to be numbered first. Then it was decided by the AB that there will be a draw of lots and the first chit out of the box will have their appeal numbered first. A meeting was called for of the representatives and all the lawyers and staff were directed to be present. The next issue was who has to pick the lot. And lo behold, I was the person summoned to draw the lot as I was the junior most person in the room. I picked one. It gave me insight into how international rules are applied to see that disputes, howsoever trivial, are resolved. It gave me an insight into a realistic approact to application of the law to resolve disputes. Apart from that, I had also a chance to attend and witness meetings of the Dispute Settlement Body which are held on a regular basis and understand each member’s view point on a dispute pending before it.
During my time at Debevoise, London, I was mostly assisting the arbitration team in investor state arbitration and international commercial arbitration. The firm was representing a nation state in a commercial arbitration dispute which was primarily with respect to construction of oil and gas pipeline in the Middle East. The case involved issues of law of nation state as well as applicability of public international law in respect of state responsibility. I had also a chance to work on a research paper as to the advantages and disadvantages of use of artificial intelligence in international arbitration. It was an open ended topic so I had a chance to be creative with thought provoking ideas. I also had an opportunity to assist the team, which was advising a client on business integrity issues in respect of performance of contract with a contractor in a least developed country.
As someone qualified to practice law in both India and the United Kingdom, how do you navigate the different legal systems and regulations in these jurisdictions? What challenges and opportunities do you encounter in your international legal practice?
There are quite a few similarities between the English law and Indian law in field of commercial contracts and commercial disputes. Most of the aspects of law such as interpretation of contracts, law of damages and assessment of quantum of damages, which we see in India, have their basis in English law.
Culturally, India is not a litigious society. As India moves towards more open market, and many businesses also move outwards for opportunities exploring other markets in the world, the work for commercial disputes is bound to increase. I see that lawyers in India are equally competent and competitive and foresee opportunities for them also increase. However, for over a century now, London continues to hold the preferred seat for arbitration and commercial litigation for cross border disputes and English law as the choice of law for such disputes, though the companies may have no physical presence in England. Possibly it is because of certainty, predictability and stability in the legal system that London has to offer. If an Indian Company has the option of engaging an English qualified Indian Lawyer, it would be easier for them in terms of comfort as well as cost. Infact, I would like to see a foreign seated company engage a Indian law firm or an Indian lawyer for their international commercial arbitration outside of India. When it can happen in information technology services sector, why not in legal sector.
The challenge the Indian legal system now faces, is one of pendency and effectiveness in terms of enforcement of judgements. Both reasons have grave effect on how foreign investors view the Indian Legal system to be a preferred mode of system for settlement of disputes. There are about 8-10 forums providing rights for creditor to initiate recovery proceedings like civil suit, commercial court, debt recovery tribunal, insolvency, winding up, MSME facilitation council, arbitration councils but still the last mile delivery of enforcement of the decrees before the decree holder actually sees the recoveries or monies in his account is very slow. That may create some anxiety in minds of few with respect to the effectiveness of the legal system.
You’ve published several papers and articles in domestic and international law journals. Could you highlight one or two of your publications that you believe have had a significant impact or have generated interesting discussions within the legal community?
Though the publications are on varied subjects, I believe the stand out to be one in field of nuclear liability, which was published in the International Energy Law Review. It was written just after the Fukushima nuclear accident. The article was a comprehensive analysis of the international law and national laws in respect of regulations and laws with respect to nuclear safety and safeguards, rules governing the international trade in nuclear waste and rules with respect to transportation of radioactive material and the domestic and international law in respect of the liability regime in the event of nuclear accident. The object of the regulations is to attract private investments and also trade in nuclear fuel in a peaceful and environmentally sustainable manner. I had also argued that capacity building in nations and cooperation amongst nations is the primary requirement to have a peaceful mode of trade in nuclear fuel, which is essential peace, security and development of any nation state.
You’re frequently invited to law colleges to judge moot court competitions and deliver guest lectures in corporate law and arbitration. What motivates you to engage with law students and young professionals in this manner, and what advice do you often find yourself giving to those entering the legal field?
Moot Court competitions, guest lectures and webinars are good platforms for brain storming sessions and exchange of ideas, and is part of the learning curve and self-enquiry. It also keeps one abreast with latest updates of law and also understand perspectives, which may be difficult in regular rigmarole of litigation practice. As a lawyer, whether in litigation or general corporate practice, it is important to be updated with the new changes in the law and also updated with the latest judgements of the supreme court. Any judgement read, the judgement should be noted down in a ‘green book’ whereby it is very easy to again reference back to it when the need arises. I maintain a ‘green book’ which has a list of judgements subject wise, with the relevant citations. Though internet research is a very useful tool, it is important to have a personal database written as it is edged in one’s memory forever. It is always important to read a wide variety of subjects apart from law, such as politics, economics, non-fiction, biographies, historical fiction, editorials which increases your horizon of knowledge, vocabulary and perspective. The more one reads on varied subjects including law the more one is confident to represent in court.
Considering your vast experience and expertise, what advice would you like to share with fresh graduates who are just starting their careers in law?
The opportunities that are available to young graduates are endless. Aspire for excellence in law and never settle for mediocrity. It is important to have an open mind as to opportunities around you. There are several rural and marginal groups who lack knowledge to enforce their rights in a court of law, so that way the potential is unlimited.
If one is planning to enter into litigation practice as a career option, it is important to bear in mind that one has to be ready for a grind which is for the long haul, and there is no option for a short term stint in litigation. The waiting period for recognition is now, perhaps, reduced to 5-7 years, which was earlier 15-20 years in the previous generation. Having said that, one is also required to put in long hours in the initial days, after which the existential and survival issues are taken care of. The variety and range of clients one meets, small, big, rich, highly educated, illiterate, elite, poor and downtrodden and the variety of problems that one deals with in litigation and the privilege of having been given an opportunity to solve them is extremely gratifying. I do understand young graduates may have some anxiety about financial security, but they need not worry about that in litigation, as once one is established in practice, remuneration is not far away.
Lastly, it is important to be brutally honest with your advice to the client, as the client is entitled to the best in you and in what you can offer. It is very important that in order to gain the trust of one’s client, the lawyer and client are on the same page at every step of the matter. Even if the client may not like to hear what advice you have to give, as a professional, one is required to be honest to the client.
Sir, please tell us how did you get interested in pursuing law as a career?
I was always passionate about co-curricular activities during my school time. I pursued my primary and secondary education from Delhi Public School, Mathura Road where I got the opportunity to serve as the Head Boy in Junior Wing (2000-2001) as well as Senior Wing (2007-2008). Being an avid debater, I always had a knack for formulating arguments and envisioned myself as a litigating counsel. While my interest in public speaking was one of the aspects that pushed me towards studying law, the role of a lawyer as a social engineer fortified my decision of pursuing law as a career.
Could you tell us more about your experience as a Law Researcher with Justice Hima Kohli at the Delhi High Court? What was it like to prepare briefing notes for the Hon’ble Judge on fresh matters and research on challenging legal propositions?
I started my career in law as a Law Researcher with Justice Hima Kohli at Delhi High Court (now Judge, Supreme Court of India). It was an enriching experience to prepare briefing notes for the Hon’ble Judge on fresh matters. This helped me learn the art of reading a brief and summarizing the fulcrum of the dispute with ready reference to the relevant annexures. The experience also taught me the skills of researching on challenging legal propositions. Clerkship acted as an excellent stepping stone in my career as it offered a brilliant opportunity to observe contentious hearings and heated arguments to learn court craft and articulation.
What motivated you to gain more exposure in high stake matters by joining J SagarAssociates (“JSA”)?
The following two aspects motivated me to join a good law firm – (i) quality of pleadings filed by Tier – I law firms; and (ii) exposure of briefing and assisting variety of senior counsel.
While preparing briefing notes during my clerkship, I realised the importance of pleadings which is the first element of a case that a judge peruses even before considering arguments. I could easily differentiate between the standard of pleadings drafted by reputed law firms involved in high stake matters as compared to other run of the mill matters. Also, I was always intrigued by the arguments presented by good senior counsel who were usually engaged in high stake matters. I realised that working with a law firm would provide me exposure as I would get opportunity to assist a variety of senior counsel who are experts in their respective fields of law.
What did you learn during your time at JSA and how did it help shape your career as alawyer?
My stint atJSA taught me discipline, grit and perseverance. Turning around deliverables with rigorous deadlines prepared me for bringing out the best even under pressure. Associating with international clients further enhanced my personality and helped me transform into a mature professional. Furthermore, the exposure of appearing in different courts across the country helped me gain confidence to establish my independent practice.
What inspired you to establish your independent practice, and what have been some ofthe most rewarding experiences so far?
I have always been passionate about addressing arguments in Court. After a point of time, felt I was becoming too comfortable and complacent with my job at the law firm. I was striving for more opportunities to argue. The freedom to argue your own matters inspired me to establish my practice. One of the most rewarding experience is the satisfaction I see on my clients’ faces after they see me perform in Court. Recently, after achieving a favourable outcome for one of the legal aid beneficiaries, I was invited by him to visit his house and meet his family so that I could meet and inspire his children. Such instances augment my trust in the legal profession and remind me that I am on the right track.
Could you share more about your role as an Assistant Advocate General of the State ofHaryana in the Supreme Court of India?
As an Assistant Advocate General of a state, one is required to represent the concerned State in matters that are marked to the officer. The officer is expected to be well acquainted with both civil and criminal law as the officer can be asked to represent the State in any matter where the concerned State has been impleaded. The officer is required to coordinate with the concerned department of the State Government to seek instructions and assist the Court. My responsibilities as an Assistant Advocate General included arguing matters before the Supreme Court and drafting Special Leave Petitions and counter affidavits.
What are some of the most challenging cases you have handled in your practice, andhow did you approach them?
Each brief has its own challenges. Sometimes, a case may be straightforward but the Bench may be non-receptive. On other occasions, the opposite counsel may create unexpected hurdles in a matter which is otherwise not complicated.
Some of the challenging cases that I have handled include the landmark decision of Maharashtra Seemless Limited v Padmanabhan Venkatesh & Ors., reported as (2020) 11 SCC 467. I also appeared before Supreme Court in a landmark matter titled Aruna Oswal v Pankaj Oswal & Ors., reported as (2020) 8 SCC 79 involving interpretation of law of nomination under Companies Act, 2013 vis-à-vis law of intestate succession.
I have also represented a person with benchmark disability in a service matter before the Delhi High Court and Central Administrative Tribunal. I argued for securing his preferred post on the principles of non-discrimination and reasonable accommodation enshrined in the Rights of Person with Disabilities Act, 2016.
My Approach
Prepare a narrative, storyline of the matter and plug loopholes, if any.
Become the Devil’s Advocate and identify all ostensible arguments of the opposite side.
Present the matter before the Judge with a simple and logical approach. All courts appreciate brevity.
Up to date background research on the Judge who will be hearing the matter and judge’s approach in similar situations.
Understand the pulse of the Court which is very important during a hearing.
Prepare flexible strategies basis mood of the Court. Most of the urgent reliefs sought before a Court are discretionary. The art of articulation and persuasiveness to convince the Judge in passing a favorable order is the most important.
Could you talk about your experience representing various corporate, governmentdepartments, and financial institutions, and how do you balance the interests of thesedifferent clients?
You need to be versatile. Each client has a different way of dealing. Corporates expect you to be responsive so that they are updated with each development in their matter. However, government departments do not encourage too much hand holding. For me, all matters are equally important and I try to distribute my time basis the nature of the brief irrespective of the nature of client. I strictly adhere to professional ethics and do not engage in any manner in a matter where I may be conflicted.
Lastly, what advice would you give to aspiring lawyers looking to build a successfulcareer in litigation and dispute resolution?
While pursuing a career in law, you always remain a student as there is so much to learn. One must continue learning throughout their life and accept new ideas. I urge the budding lawyers to have a clear vision and plan their actions accordingly. There is no substitute to hard work and no shortcut to success.
In my view, the skills and qualities which a lawyer must possess to excel in his career can be derived from the word “Success” itself :-
Ma’am, to start this conversation, could you please tell us a little bit about your background and how you became interested in law?
Well, to be honest, I didn’t always know that I wanted to be a lawyer. In fact, when I was younger, I had aspirations of becoming a doctor, just like my late father. However, when I was in my teens, Delhi was witnessing some trials- such as the Priyadarshini Mattoo case, Jessica Lal case- which were being widely reported. The the strategy developed by the lawyers in those cases, coupled with their past experience were the subject of media attention. I was fascinated by how small legal points, which the common man was not even aware of, could be used for or against them when they found themselves in the middle of a legal trial. I used to diligently read up all reports on such trials and gradually, my interest in the world of law grew, and I decided to pursue it as a career.
You have worked on some high-profile cases in the past, such as the Ayodhya dispute and the Triple Talaq matter. Can you talk about what it was like to work on these cases and the impact they had on you personally?
Those were definitely some challenging cases, but also very rewarding ones. Working on such high-profile cases was an incredible learning experience, and it taught me a lot about myself, my abilities, and the legal profession as a whole. Personally, it was a great feeling to be a part of these landmark cases that had such a significant impact on Indian society. These matters involved important constitutional questions and when one is assisting a counsel before the Hon’ble Constitution bench, you have to make sure to deliver your best work, and the judges are always so well prepared and one has to be ready for all kinds of questions. It therefore takes a lot of time to focus and prepare for these hearings. In fact, when I was working on the Ayodhya matter, I had not imagined that the regular hearing will start in the month of July 2019 (as the matter had been adjourned several times before) and I was actually scheduled to get engaged in that month. However, once the hearing dates were fixed by the Hon’ble Court, everything had to take a backseat and I decided to postpone my engagement. I think for any lawyer it is a lifetime opportunity to assist the stalwarts who have appeared in these matters, and while giving your best shot, you also get to learn so much just by being around them.
You have experience in litigation, arbitration, and corporate law. Which of these areas do you enjoy working in the most and why?
Well, I enjoy all of them for different reasons. Litigation is exciting because you get to argue your case in front of a judge and put your legal skills to the test. Arbitration allows for a more collaborative approach to dispute resolution, which I find fascinating. And corporate law is great because you get to work with companies and help them navigate the legal complexities of running a business. So, it really depends on the situation and the client. But if I had to choose, I would say litigation is what I enjoy the most. There’s something incredibly exhilarating about standing before a judge and arguing your case. Plus, every case is unique and presents its own set of challenges, which keeps things interesting.
What do you think are the most important skills for a successful lawyer to have?
There are many skills that are important for a successful lawyer to have, but I would say that the most important one is willingness to put in the hard work- one needs to read every paper, each word- several times, this is absolutely non-negotiable. Other important skills are attention to detail, good communication skills, and the ability to think on your feet are some of the most important. In addition, being able to empathize with your clients and understand their needs is crucial in building trust and creating a successful attorney-client relationship.
Can you talk about a particularly challenging case you worked on and how you overcame the challenges you faced?
One of the most challenging cases I worked on was the Ayodhya matter, wherein so many issues arose for the first time, such as whether idol is a perpetual minor?. When I am faced with complex legal issues, I try to read all literature which is remotely connected to it, be it from India or outside, it usually gives me the answer directly or at other times equips me to navigate the issue.
In my day to day practice, I find the cases concerning medical negligence really challenging as they require a deep understanding of medical terminology and it requires a lot of research to build a strong case. But, I have been fortunate enough to have a team of experienced doctors who have graciously helped me in understanding the medical aspects of such cases. Through their guidance, I have been able to build a strong arguments and perform in this niche area.
How has the legal profession in India changed since you began practicing law, and what do you see as the biggest challenges facing the profession today?
When I first started practicing law, I noticed that there was a lot of resistance to change, especially when it came to adapting to new technologies and working remotely. However, the pandemic has forced everyone to embrace remote work and virtual proceedings, and I believe this has opened up new opportunities for the legal profession to become more accessible and efficient.
The biggest challenge facing the profession today is the lack of diversity and inclusion. We still have a long way to go in terms of increasing representation of marginalized communities and women in leadership roles, especially in the judiciary. When I started out, we used to only see 1-2 women judges in the Supreme Court, however things have definitely improved and I have been fortunate enough to witness so many women judges, including 4 of them at the same time in the Supreme Court. However, I am waiting for the day when this ratio is equal and of course, eagerly waiting for a female Chief Justice of India. I think all of us, as officers of the court need to actively work towards creating more inclusive and diverse environments, not only to improve representation but also to bring in fresh perspectives and ideas.
You have experience working as an independent legal practitioner as well as an associate at a law firm. What are the main differences between these two roles, and which do you prefer?
The main difference between being an independent legal practitioner and working at a law firm is the level of autonomy you have. As an independent practitioner, you have the freedom to choose your own clients and cases, and you have complete control over your schedule and work style. On the other hand, working at a law firm can provide you with more resources, support, sustained income and opportunities to work on high-profile cases.
Personally, I enjoy the flexibility of being an independent practitioner, but I also appreciate the collaborative and supportive environment that law firms can provide. It really depends on your individual work style and goals.
As a woman working in the legal profession, have you faced any difficulties or challenges that your male counterparts have not? If so, can you tell us about those challenges and how you overcame them?
Yes, as a woman in the legal profession, I have faced some unique challenges, such as gender bias, microaggressions, and sometimes being underestimated by my clients and peers. It can be frustrating to feel like you have to work harder to prove yourself, but I’ve learned to channel that frustration into motivation and dedication to my work. In fact, I feel that these people really pushed me to become more thorough with my brief and ultimately contributed to my growth. Over the time, when these clients saw my work, they also reposed faith in my capabilities as a lawyer.
Lastly, what advice would you give to someone who is considering a career in law, particularly someone who is just starting out?
My advice to anyone starting out in the legal profession is to keep an open mind and be willing to learn and adapt. The legal profession is constantly evolving, and it’s important to stay up to date on new developments and technologies. Additionally, don’t be afraid to take on new challenges and try different areas of law to find what you’re passionate about. Further, put in as much work as you can, in this profession, it is very difficult to survive without putting in the work and once you find something that you have a passion for, hard-work will not feel nearly as dreadful. Lastly, always strive to maintain high standards of professionalism, ethics, and integrity in all your work. The legal profession is a noble one, and it’s important to uphold its values and principles.
How would you like to introduce yourself to the readers? Please tell us something about your childhood and background?
Hello ! I was born in Jodhpur(Rajasthan) and raised in Jaipur (Rajasthan). I did my schooling from Maharaja Sawai Man Singh Vidyalaya (M.S.M.S.V), Jaipur. I studied law from Government Law College , Mumbai ! I did my Masters In Business Laws from NLSIU (Banglore) . I also hold a certification in Public International Law from The Hague Academy Of International Law ,Hague (Netherlands) and a diploma in Cyber Laws from The Asian School Of Cyber Laws , Pune. I am the managing partner of a law firm called “VSL Law Chambers“. The Firm bears the initials of my Father , Mr. Virendra Singh Lodha , who is a designated senior advocate and practicing primarily before Hon’ble Rajasthan High court with frequent appearances before other Constitutional Courts such as Delhi , Allahabad etc and before Hon’ble Supreme Court Of India. I have an elder brother. His name is Yash Lodha. Yash Bhaiya is a faculty member in the department of Mathematics at University of Hawaiʻin Honolulu , Hawaii. Our parents have always been extremely supportive. They have never imposed any conditions upon us. Both ‘Law’ and ‘Litigation’ happened in my case by design, by choice.
You have pursued a course in public international law from The Hague Academy Of International Law, Hague, (Netherlands) and also done Masters In Business laws from NLSIU, Bangalore. Please talk about these courses !
I hold a public international law certification from the Hague Academy Of International Law, Hague. It was an experience of a lifetime. Some of the most reputed and distinguished professors in the world taught us various courses at the academy. Imagine studying and researching in the same building complex that houses the International Court Of Justice. Infact, on two occasions we were allowed/given access to visit the Internal Court Of Justice. It definitely qualifies to be the most memorable experience of my legal journey. I did my masters in Business Laws From NLSIU, Bangalore. It is regarded as one of the toughest Post Graduate Degrees (Law). Basically it is NLSIU’s flagship Masters Programme. It is a two year course and the applicant is required to clear 10 subjects in all. In short it was like an Everest Expedition.
You have interned at different law firms and chambers, can you share with us some of the most important lessons you have learned from those experiences?
Internship lessons learnt : 1) At AZB & Partners : The importance of merit + hard work ! You have to be both meritorious and hardworking else you will not survive because competition is cutthroat ! 2) Trilegal : Camaraderie and teamwork ! 3) Dsk Legal : Compassion towards colleagues ! 4) Fox Mandal : You can only grow if you work in a team and work for larger interest of the organization. 5) Trust Legal : The importance of having a mentor and guidance. 6) Hon’ble Justice P.B Majmudar (Former Judge , Bombay High Court), Sr. Advocate Mr. Parag P Tripathi (Former Additional Solicitor General Of India, Supreme Court Of India), Sr. Advocate Mr. M.S Singhvi (Current Advocate General of The State Of Rajasthan), Sr. Advocate Mr. Ashok Mehta (Former Chairman Of Bar Council Of Rajasthan) and Sr. Advocate Mr. Virendra Singh Lodha : Devotion towards practice and passion for the law and their ability to maintain brilliant work life balance !
What kind of matters have you dealt with and what is your area of specialization ?
Initially, I worked at Agarwal Law Associates in Delhi where I had dealt with Telecom matters , Electricity Law Matters and miscellaneous matters before Hon’ble Supreme Court Of India , Hon’ble Delhi High Court and other Tribunals. In Rajasthan, I was initially associated with the chambers of Mr. Ashok Mehta , Sr. Advocate and former Chairman Of Bar Council Of Rajasthan, for a period of 2 years where I worked and practiced extensively on the original side before Trial Courts, Consumer Courts and Tribunals ! I subsequently joined the esteemed chambers of my father , Mr. Virendra Singh Lodha (Sr. Advocate) where I worked for 6 years. It was in my fathers chamber that I an opportunity to work and specialize in writs , appeals and complaints in matters and cases pertaining to Mining Laws, Intellectual Property Law ,Taxation Law, Service Law , Insolvency and Bankruptcy Code, Arbitration Law ,Constitutional Law, Criminal Law , Cheque Dishonour (NI Act) , Labour Laws, Electricity Laws, Educational Matters , Motor Accident claims, , Medical Negligence etc Jaipur Bench as well as at Principal Seat (Jodhpur) as well as at National Company Law Tribunal , Service Tribunals , Consumer Courts, Commercial Courts and various other forums. I am currently serving as a Standing Counsel for The Commercial Taxes Department, Government Of Rajasthan , Jaipur and also a panel lawyer for 14 Government companies and organizations. I also represent and contest matters on behalf of a large number of private companies and Business Houses.
Can you tell us more about your YouTube channel, The Virtual Amicus, and how you came up with the idea for it?How has The Virtual Amicus helped law students and lawyers during the pandemic?
In June 2021 , I started a YOUTUBE Channel : The Virtual Amicus. The idea and objective was not only to create legal awareness but also to solve legal issues(both basic and complex) that baffle us. The goal was primarily to help out as many law students and lawyers as possible who were hit and adversely affected by covid-19. On this Virtual Platform, I invite and interview seasoned and distinguished lawyers, respected and noted professors and retired hon’ble judges. I have recorded around 126 sessions/episodes so far since June , 2021. This virtual initiative of mine was my way of giving back to the institution , profession. The idea to anchor my own youtube channel was always in the pipeline but it was covid that gave me ample time to launch/execute it ! I saw some 200 odd webinars in 2020 before I launched this virtual initiative in June 2021.
How do I approach speakers : Well this one question that I am often bombarded with ! Here is the answer. On the basis of demand for a particular session on any particular legal issue , or legal topic , or a masters programme from any particular university or any other law course , I look for subject experts, field specialists on Linkedin and other platforms and then once I have shortlisted the names , an official invitation is sent via email. Since its a one person venture , so I do everything myself , from a) invitation ! b) persuasion(persuading speakers) for doing a session ! c) Preparing a Social Media Banner ! d) Preparing Q and A in case of a Q and A format ! e) Recording ! f) Editing ! g) Uploading ! For the world it’s a herculean task. But for me it’s an effortless exercise since I am extremely passionate about it ! My virtual initiative is all set to turn 2 years old on 25th May , 2023 ! 🙂 Yes it has definitely helped scores and scores of young lawyers and law students. I keep receiving emails about these extraordinary breakthroughs achieved by them. At this juncture , let me clarify 3 things : 1) We are not here to ensure placements or get lawyers/law students placed. We are here only to help them and provide them with best possible guidance. 2) Every speaker on our platform is a distinguished and a successful practitioner of his/her field . 3) Our philosophy on the channel is that : “ Philanthropy should never be monetized” ! We have till date not monetized our channel !
What advice would you give to young professionals in the legal field? Let me make 1 thing very clear. First I am an officer of the court , than a lawyer to my client and lastly a managing partner of my firm. My advice to law students : 1) Experiment as much as you can in those 3 years or 5 years of law school but never at the cost of academics. Participate in moot courts but not at the cost of academics/studies. Participate in College committees and essay writing competitions but not not at the cost of academics/studies. Play sports but not at the cost of academics/studies. 2) It’s legitimate to be confused after graduation. Don’t worry, If you keep the student in you alive, remain academically inclined and read and read and read , your confusion will vaporize some day. 3) Short term internships only add cosmetic value to your CV. You don’t end up doing anything substantial or meaningful. I would recommend long term internships but not at the cost of academics/studies. Also the quality of internships is more important than the number/quantity of internships. 4) Remain attentive in the classroom and focus on academics/studies . Since you are a law student , you should give first priority to class room lectures and academics/studies. 5) Try doing internships in different geographical locations and cities and states. You only learn out of your comfort zone. 6) Make as many friends as possible from different cultures , cities. Don’t confine yourself with friends from the same hometowns. 7) Try finding a mentor in your professor. Nobody guides the way a professor does. 8) Try Understanding your parents’ anxiety especially when you are pursuing law from a different state . Some students completely cut themselves off from their parents to enjoy the freedom their law school offers. This type of practice is not only unfortunate but also ridiculous. One or two calls a day will not damage or hurt your freedom. 9) Last but not the least ! Fitness is very important. A fit body houses a healthy mind ! You feel a lot more confident as a person when you are fit. Do play a sport or hit the gym on a regular basis every single day for at least 45 mins on campus.
My advice to young lawyers : 1) We are in a profession of persuasion. Our job is to be assertive , persuasive and humble and not be rude on the dais. 2) Litigation is not a 100 meter sprint but a marathon. It takes years and years of hard work and dedication to build a rock solid reputation as a legal practitioner. One has to burn the midnight oil as nothing happens overnight. 3) History will judge us not by the number of cases we won, but by the no. of young lawyers we trained and empowered and how they contributed to the jurisprudence. 4) Never take shortcuts no matter how tempting or lucrative they are. Those who run after quick money through illegitimate means ultimately perish but those who remain disciplined , determined ,seeking and keep their integrity strong ultimately flourish.
5) In Golden Words of Senior Advocate Mr. Janak Dwarkadas (Bomaby) , “ you will learn the art of advocacy only if you Observe! Observe! Observe AND ANTICIPATE, ANCTICIPATE AND ANTICIPATE . Observe the court proceedings vigilantly and anticipate what queries can possibly be posed by the judge. 6) Brevity must be observed while making legal submissions in court of law. Unfortunately, moot courts in law schools do not teach that. The practice of simplifying a complex legal issue and then presenting it to the court would always be appreciated by the court.